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2026 DAILYLAW 43509 (CAL)

KAZI ARAFAT BASIR AND ORS v. STATE OF WEST BENGAL

CRM (A)/3046/2026 · 2026-09-24

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

24.09.2026 Court No.35. D/L.593. Rakib (Allowed) CRM (A) 3046 of 2026 In Re: An Application for Anticipatory Bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Arambagh Police Station case no. 374 of 2026 dated 20.07.2026 under Sections 115(2)/117(2)/318(4)/317(2)/351(2)/352/76/3(5) of the Bharatiya Nyaya Sanhita, 2023. And In the matter of : Kazi Arafat Basir & Ors. ……Petitioners. Mr. Tapan Dutta Gupta Mr. Kazi Sajjad Alam Mr. Mainul Thander ......for the Petitioners. Mr. Sagar Saha Ms. Nayana Mukhopadhyay ……for the State. Learned advocate appearing for the petitioners submit that petitioners are neighbours who have been foisted with a criminal case because of an existing land dispute. Learned advocate appearing for the State opposes the prayer for bail and draws the attention of the Court to the statement of the injured both under Section 183 of the BNSS as well as the injury reports. I have taken into account the same and is of the opinion that the petitioners may be granted the relief as prayer for on stringent conditions. As such, prayer for bail of the petitioners namely, (1) Kazi Arafat Basir; (2) Kazi Nasiruddin; (3) Kazi Kutubuddin and (4) Kazi Rakesh @ Kazi Md. Rakesh is allowed. Accordingly, in the event of arrest, the petitioners shall be released on bail to the satisfaction of the Arresting Officer on such 2 terms and conditions as he deems fit and proper subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Petitioners shall not enter the jurisdiction of Arambagh police station till further orders passed by the learned Additional Chief Judicial Magistrate, Arambagh. Additionally, petitioners shall meet with the investigating officer of the case and for the said purposes shall enter the jurisdiction of Arambagh Police Station once in a week on every Tuesday till the report in final form is submitted before the jurisdictional Court. Accordingly, CRM (A) 3046 of 2026 is allowed. Memo of evidence submitted by the State be kept with the record. All parties shall act in terms of server copy of the order 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.)