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2026 DAILYLAW 36733 (CAL)

AFTAB KANTHALIYA AND ORS. v. STATE OF WEST BENGAL

CRM (A)/2588/2026 · 2026-08-19

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

19.08.2026 Court No.35. D/L. 586. Kausik (Partly Allowed) CRM (A) 2588 of 2026 In Re: An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure, 1973/Under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Krishnanagar Women Police Station Case No. 29 of 2026 dated 11.05.2026 under Sections 85/89/117(2)/351(3)/316(2) of the BNS, 2023 read with Section 67 of the Information Technology Act, 2000. And In the matter of : Aftab Kanthaliya & Ors. ……Petitioners. Mr. Md. Sabir Ahmed Md. Abdur Rakib Mr. Dhiman Banerjee ……for the Petitioners. Mr. Sourav Mukherjee Mr. Gourav Roy ….for the Defacto Complainant. Mr. Biswajit Tiwari Ms. Shalu Gupta ….for the State. Learned advocate appearing for the petitioners submits that petitioners are innocent. They have been falsely implicated in connection with the instant case which arose out of matrimonial dispute. Petitioner Nos. 2 to 7 have been impleaded as accused as they are related to the husband. Learned advocate for the State opposes the prayer for anticipatory bail. 2 Learned advocate for the defacto complainant also opposes the prayer for anticipatory bail. Having regard to the nature of the accusations which are available in the case diary particularly the statement of the victim, I am of the opinion that so far as the petitioner no. 1 is concerned, his prayer for anticipatory bail is to be rejected. Accordingly, prayer for anticipatory bail of Aftab Kanthaliya is rejected. So far as the anticipatory bail of petitioner nos. 2 to 7 is concerned, their prayer for anticipatory bail is allowed. As such, I direct that in the event of arrest, the petitioners namely, (1) Abbas Kanthaliya, (2) Fatema Bibi, (3) Priyanka Bibi, (4) Babita Bibi @ Babita Khatun Bibi, (5) Nasrin Parvin @ Nasmin Parvin, (6) Aminur Seikh be released on bail subject to the satisfaction of the investigating officer/arresting officer of the case and also subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and/or under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. As the investigation of the case is in progress, petitioner nos. 2 and 7 shall meet with the Investigating Officer within a period of 10 days and on all subsequent dates fixed by the investigating officer of the case. Accordingly, CRM (A) 2588 of 2026 is partly allowed. 3 All parties shall act in terms of server copy of the order downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Tirthankar Ghosh, J.)