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2026 DAILYLAW 37518 (CAL)

HASANUZZAMAN SEKH v. STATE OF WEST BENGAL

CRM (A)/2875/2026 · 2026-09-01

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

D/L859 01.09.2026 Bpg. Allowed C.R.M. (A) 2875 of 2026 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 438 of the Code of Criminal Procedure, 1973) filed in connection with Kaliganj Police Station Case No.616 of 2026 dated 14.08.2026 under Sections 303(2)/317(2)/317(4)/317(5)/324(5)/351(3)/61(2) of the Bharatiya Nyaya Sanhita, 2023 read with Section 21 of the Mines and Minerals (Development and Regulation) Act, 1957, Section 11(1) of the West Bengal Tress (Protection and Conservation in Non-Forest Areas) Act, 2006 and Rule 11(1) of the West Bengal Forest-Produce Transit Rules, 1959; Hasanuzzaman Sekh Versus State of West Bengal Mr. Sabyasachi Chatterjee Mr. Pintu Karar Mr. Akashdeep Mukherjee Mr. Sababuddin Laskar. …for the petitioner. Mr. Rajendra Banerjee Mr. Bhaskar Seth Mr. Shivam Mishra. …for the State. Learned advocate appearing for the petitioner submits that the petitioner has been vindicated with the criminal case after there has been change of administration. State has opposed the prayer for anticipatory bail specifically pointing out the physical change of character of the land. It has also been submitted that the BL & LRO has submitted a 2 report. Be that as it may, having considered the overall materials appearing against the present petitioner, I am of the opinion that custodial detention of the present petitioner is unwarranted. As such, the prayer for anticipatory bail of the petitioner is allowed. Accordingly, in the event of arrest, the petitioner, namely, Hasanuzzaman Sekh shall be released on bail to the satisfaction of the Arresting Officer and also be subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure corresponding to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. As the investigation of the case is in progress, the petitioner shall report to the investigating officer of the case within a period of 10 days from date and thereafter on all subsequent dates fixed by the investigating officer of the case till the report in final form is submitted before the jurisdictional court. Thus, CRM(A) 2875 of 2026 is allowed. Memo of Evidence submitted by the State be kept with the record. All parties shall act on the server copy of this order duly 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 of all requisite formalities. (Tirthankar Ghosh, J.) 3