11.09.2026 Item No. 05 Ct. No. 39 C.R.M.(A) 2088 of 2026 AN (ALLOWED) In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Sabang Police Station Case No. 9 of 2026 dated 07.01.2026 under Sections 115(2) / 117(2) / 64 / 62 / 109 / 351(3) / 3(5) of the Bharatiya Nyaya Sanhita, 2023 corresponding to G.R. Case No. 64 of 2026 now pending before the learned Additional Chief Judicial Magistrate, Paschim Medinipur. In the matter of : XXXX & Ors. … Petitioners. Mr. Ashok Das Mr. Bhaskar Purokait …for the Petitioners. Mr. Rajendra Banerjee Mr. Snehasis Banerjee Mr. Jnip Bose …for the State. Mr. Bhagirath Dey Mr. Masta Fizur Rahaman … for de facto complainant. 1. In pursuance to the direction passed by this Court on 7th September, 2026, injury reports have been collected and clarified that the injury suffered by the victims are simple in nature. The same be taken on record. 2. Learned advocate appearing for the petitioners submits that the petitioners are innocent and falsely implicated in this case due to previous grudge and there is also a case and a counter case between the parties. After two months of the alleged incident, a complaint case was registered under Section 156(3) of the Criminal Procedure 2 Code resulting the present F.I.R. It is further submitted that there is no allegation against the petitioners for attempting rape. During the scuffle, another accused alleged to have attempted for rape. He is not the petitioner in this application. As such learned advocate prays for anticipatory bail for the petitioners on any terms and conditions. 3. Learned advocate appearing for the de facto complainant opposes the prayer for anticipatory bail and submits that they are continuously threatening the de facto complainant and their family members. 4. On the other hand, learned advocate representing the State produces the memo of evidence, the case diary, the injury report and vehemently opposes the prayer for anticipatory bail of the petitioners. 5. Having heard the learned advocates for the respective parties and upon perusal of the materials available on record including the memo of evidence, the case diary, the injury report and the statement of the witnesses recorded, this court finds that the victims suffered injuries but those are simple in nature. The allegation of attempting to commit rape upon the victim is not against the present petitioners. Accordingly, this Court is of the opinion that there is no need of custodial interrogation/detention of the petitioners. Hence, prayer for anticipatory bail of the petitioners is considered and allowed. 3 6. Accordingly, in the event of arrest, the petitioners shall be released on bail to the satisfaction of the arresting officer on the terms and conditions as he deems fit and proper and also subject to the conditions as laid down under Section 438(2) of the Criminal Procedure Code corresponding to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. 7. In the event the petitioners fail to comply with the conditions as imposed by this Court, the prosecution shall be at liberty to pray for cancellation of the anticipatory bail granted by this Court in accordance with law. 8. The petitioners shall not enter the jurisdiction of the Sabang Police Station, where the de facto complainant resides save and except attending the court proceeding and/or police station as and when required, and they shall also inform the concerned I.O. and trial court regarding their residential address and their mobile phone numbers as well. 9. C.R.M.(A) No. 2088 of 2026 stands disposed of. 10. All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court. 4 11. The concerned Department is directed to supply urgent certified Photostat copy of this order to the parties, if applied for, upon compliance of all necessary formalities. (Ajay Kumar Gupta, J.)