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2026 DAILYLAW 7329 (CAL)

ISHA SK @ ISHA KHAN @ ISA @ ESA v. STATE OF WEST BENGAL

CRM (A)/534/2026 · 2026-03-30

Jay Sengupta

body2026

Judgment text

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30.03.2026 Court No.28 Item No.35 ssi CRM (A) 534 of 2026 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita in connection with Suti Police Station Case No.115 dated 25.03.2021 under Sections 4/5/6 of the Explosive Substance Act and under Sections 25 (i) (a)/27 of Arms Act. And In the matter of: Isha Sk @ Isha Khan @ Isa @ Esa …. Petitioner Mr. Benajir Hasna Mr. Aliul Islam …for the petitioner Mr. Md. Adil Badr, Ld. Jr. Govt. Adv. Mr. Santanu Deb Roy ..for the CBI Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner has been falsely implicated in this case. He has approached this Court with a prayer for anticipatory bail after a delay as he was in custody for some time in connection with NIA Case No. 01/2021 (old) corresponding to Special NIA Case No. 01/2021. He was acquitted in that case by a judgment dated 24.09.2025. The petitioner has been falsely implicated in the present case. Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. He submits that the petitioner was implicated in the instant case prior to his implication in the NIA case. However, he submits that apart from the statement of the co- accused, there is no other incriminating material available against the petitioner, as of now. It appears that the present case was started on 25.03.2021 and it is submitted on behalf of the State that till date, no other 2 incriminating material has emerged against the present petitioner except for the statement of a co-accused, which is not admissible in evidence. In view of the above and considering the other materials available in the case diary, I do not think that custodial interrogation of the petitioner is required in this case and I am inclined to grant anticipatory bail to the petitioner. In the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer and also be 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 BNSS, 2023 and on further conditions that the petitioner shall co-operate with the investigation and shall not threaten or intimidate the witnesses. The petitioner shall meet the I.O. once a week till submission of report in final form. The application for anticipatory bail is, thus, disposed of. The presence of the I.O. is noted and is dispensed with. Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible. (Jay Sengupta, J.)