11.09.2026 IN THE HIGH COURT AT CALCUTTA Item No.278 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc. Allowed C.R.M. (M) 2082 of 2026 In Re : An Application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Golabari Police Station Case No. 59 dated 25.02.2026 under Sections 103(1)/238(a)/249/111/ 111(5)/3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25(1B)(a)/27 of the Arms Act, 1959 (G.R. Case No. 971 of 2026). And In Re : Aslam Khan and another ... Petitioners. Mr. Sudipta Moitra, Sr. Adv., Mr. Abhijit Das, Mr. Nitish Samanta, Ms. Shreyashee Mitra, Ms. Arpita Das ... For the Petitioners. Mr. Brajesh Jha, APP, Mr. Neel Chakraborty ... For the State. Learned senior advocate appearing for the petitioners submits that petitioner no.1 is in custody from February, 2026 and petitioner no.2 is in custody since March, 2026; charge-sheet has already been submitted in the present case. According to the learned senior advocate, both the petitioners have been implicated for harbouring the principal offenders and there is no iota of materials to suggest that petitioners had any complicity so far as the core offence which has been committed as has been portrayed in its charge-sheet. Learned advocate appearing for the State, on the other hand, opposes the prayer for bail and submits that petitioner no.1 had provided shelter to the accused persons while 2 petitioner no.2 aided the accused persons to flee away after commission of the offence. I have taken into account the submissions of the learned advocate including the Memo of Evidence which has been submitted. On an assessment of the same, I find that so far as the basic offence is concerned that the same is under Section 103(1) of the BNS. In respect of the said offence, petitioners do not have any complicity, although the petitioners are thickly involved in aiding the accused persons after they had committed the offence. Having regard to the participatory role as portrayed in the charge-sheet, I am of the view that further custodial detention of the present petitioners, who are completely differently situated than the other accused persons related to the offence, is unwarranted. As such, the prayer for bail of the petitioners is allowed. Accordingly, the petitioner viz., 1. Aslam Khan and 2. Md. Shadad Ansari @ Shadab Ansari shall be released on bail upon furnishing bond of Rs.20,000/- each, with two sureties of Rs.10,000/- each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Howrah. If on bail, the petitioners shall be physically present on each and every date before the learned Trial Court and shall not leave the jurisdiction of the districts of Kolkata and Howrah without prior permission of the learned Trial Court. Memo of Evidence submitted by the learned advocate appearing for the State be kept with the record. The application for bail, being CRM (M) 2082 of 2026, is, thus, disposed of. 3 All concerned 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 with all requisite formalities. (Tirthankar Ghosh, J.)