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2026 DAILYLAW 38245 (CAL)

FARUK SAH AND ANR. v. STATE OF WEST BENGAL

CRM (A)/2020/2026 · 2026-09-07

Ajay Kumar Gupta

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

07.09.2026 Sl.No. 4 Ct. 39 Allowed Amalranjan In The High Court At Calcutta Criminal Miscellaneous Jurisdiction Appellate Side CRM (A) No. 2020 of 2026 In Re: An application for Anticipatory Bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023/corresponding to under Section 438 of the Code of Criminal Procedure, 1973; filed in connection with Panchla Police Station Case No. 251 of 2026 dated 10.06.2026 under Sections 420/465/467/468/406/34 of Indian Penal Code corresponding in connection with GR no. 3313 of 2026. -And- In the matter of : Faruk Sah & Anr. … Petitioners Mr. Santanu Mukherjee Mr. Amit Kumar Gupta Mr. Jahir Abbas Mallick Ms. Madhumita Kar ….for the petitioners Mr. Prosenjit Ghosh ……..for the State 1. Memo of evidence, filed by the State, is taken on record. 2. It is submitted by learned counsel appearing on behalf of the petitioners that the present petitioner no.1 is owner of a land involved in this case and he purchased the land by a Registered Sale Deed in the year 2023. The petitioner no. 2 is also the second purchaser by an another sale deed. Learned counsel for the petitioners further submits that the de-facto complainant filed suit for declaration and permanent injunction and civil case is pending between the parties on the issue of ownership before the learned Civil Court. Furthermore, the 2 petitioners have also complied with notice issued under Section 179 BNSS. Petitioners have been falsely implicated in this case. He prays for anticipatory bail in any terms and conditions of the present petitioners. 3. Learned counsel appearing on behalf of the State produces the case diary, memo of evidence and he opposes the prayer for anticipatory bail of the present petitioners. 4. Having heard the learned counsels for the respective parties and on perusal of the materials available on record as well as the case diary, it appears civil suit is pending between the parties. Furthermore, the petitioners have already complied with the notice issued under Section 179 BNSS and the sale deeds involved in this case has already been seized by the investigating officer. 5. Considering the above backdrops and their co-operation to the Investigating Officer, this court is of the opinion that this is a fit case for granting anticipatory bail to the petitioners as there is no need of custodial interrogation/detention of the present petitioners. 6. Accordingly, the prayer for anticipatory bail of the present petitioners, namely, 1. Faruk Sah and 2. Abul Hasan Mullick is allowed. 7. In the event of arrest, the petitioners shall be released on bail to the satisfaction of the arresting officer on the 3 terms and conditions as he deems fit and proper and also subject to the conditions as laid down under Section 438(2) of the Cr.P.C. corresponding to Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. 8. In the event the petitioners fail to comply with any of the conditions mentioned above, the prosecution shall be at liberty to pray for cancellation of the anticipatory bail granted by this Court in accordance with law. 9. The application for anticipatory bail is, thus, disposed of. 10. All parties shall act on the server copies of this order duly downloaded from the official website of this court. 11. Concerned Department is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities. ( Ajay Kumar Gupta, J. )