Extracted from the PDF above. The PDF is authoritative.
28.08.2026 Sl. No.10 Ct. 446/tkm C. R. M. (A) 2328 of 2026
In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Gangarampur Police Station Case No.788 of 2025 dated 14.12.2025 under sections 3(5)/314/316(2)/318(4) of BNSS 2023
And In Re: Ayesha Bibi & Anr. … … Petitioners Allowed
Mr. Kaushik Choudhury
Mr. D Panda
… … for the petitioners
Mr. Anamitra Banerjee
Ms. Mayukhi Mitra
Mr. Ranjit Singh
… … for the State
1. Learned Advocate for the petitioners submits that the petitioners have been falsely implicated in the instant case. He submits that if any money belonging to the Co-operative society has been misappropriated or siphoned away, the same has been done by Hafihuddin and Hafijuddin, who executed a document admitting their guilt and gave an undertaking to pay off the entire amount. In such circumstances, according to him, the benefit under Section 482 of the BNSS may be extended in favour of the petitioners
2. Learned Advocate for the State produces the case diary and Memo of Evidence and opposes the prayer for anticipatory bail. He submits that petitioner no. 2 was very much involved in the alleged offence, which would be evident from the materials collected by the Investigating Officer. He submits that Nurul Islam, father of petitioner no. 2, was the earlier manager of the society and, upon the death of Nurul Islam, Wasim took away Rs.18 lakhs from the said society. However, the said amount has
2 not yet been returned. Petitioner no. 1 has given an undertaking to return the money. However, ultimately, no money has been returned. 3. Heard the learned Advocates appearing for the respective parties and perused the materials in the case diary. From the order passed by a coordinate Bench of this Court on 7th May, 2026, it transpires that, on that date, the State was not in a position to apprise the Court of the exact sum which had been embezzled in respect of the complaint, and the Court observed that further audit was required. However, as on date, the audit has been completed, and from the audit it has come out that almost Rs.2.11 crores have been siphoned away and/or misappropriated. In the FIR, it is appearing that petitioner no. 2 took away Rs.18 lakhs after the death of Nurul Islam, the earlier manager of the society.
There are sufficient incriminating materials available in the case diary against petitioner no. 2 and, hence, the prayer of petitioner no. 2 is rejected. However, considering the role attributed to petitioner no. 1, I am of the view that the privilege under Section 482 of the BNSS can be extended in his favour. 4. Accordingly, I direct that, in the event of arrest, petitioner no. 1, viz. Ayesha Bibi, shall be released on bail upon furnishing a bond of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned ACJM, Gangarampur at Buniadpur, Dakshin Dinajpur, and also subject to the conditions as laid down under Section 482(2) of the BNSS, 2023. 3
5. The application being CRM (A) 2328 of 2026 is disposed of. (Partha Sarathi Chatterjee, J.)