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2026 DAILYLAW 38547 (CAL)

GIASUDDIN KHAN @ GIYAS UDDIN KHAN AND ORS. v. STATE OF WEST BENGAL

CRM (A)/891/2026 · 2026-09-07

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

07.09.2026 Serial no. 98 [G.S.Das] Assistant Registrar (Court) CRM (A) 891 of 2026 In re : An Application under Section 482 of the BNSS, 2023/under Section 438 of the Cr.P.C. in connection with Khanakul PS Cse No. 434 of 2024 dated 27.07.2024 u/s 126(2)/115(2)/117(2)/76/352/351(2)/303(2)/3(5) of the BNS. -And- In the matter of : Giasuddin Khan @ Giyas Uddin Khan &Ors … Petitioner(s) Mr. Niladri Sekhar Ghosh Ms. Labani Sikder Mr. Souvik Dey … for the petitioner(s) Mr. Aditya Tiwari Mr. Koustav Lal Mukherjee … for the State-respondent(s) Mr. Debarshi Brahma Mr. Subarna Bank …for the defacto-complainant Learned advocate for the petitioner submits that the petitioners were involved in a hot altercation and subsequent to that there were scuffling. However, the petitioners have been falsely implicated as there has been exaggeration of facts. Learned advocate for the defacto-complainant submits that subsequently village dispute which had taken place has been settled. 2 State has produced the case diary. I have taken into account the materials appearing in the case diary including the injury report as well as the statement of the defacto-complainant under section 183 of the BNSS. Having considered the overall circumstances and the fact that charge-sheet has already been submitted before the learned jurisdictional court, I am of the opinion that custodial detention of the present petitioners is not warranted. Hence, the prayer for anticipatory bail of the petitioners is Allowed. Accordingly, I direct that in the event of arrest, the petitioners [Giasuddin Khan @ Giyas Uddin Khan, Samim Khan, Saheb Khan @ Jigar Mahammad @ Saheb Ali Khan and Bristi Sha @ Kha] be released on anticipatory bail subject to the satisfaction of the 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 charge-sheet has already been submitted, this order of anticipatory bail will remain in force for a period of six weeks from date. Accordingly, CRM (A) 891 of 2026 is disposed of. Memo of evidence submitted be kept with the record. 3 Parties to act on a server copy of this order duly collected from the official website of the Hon’ble High Court, Calcutta. (Tirthankar Ghosh, J.)