Calcutta High Court
CRM (A)/3049/2026 of PETITIONER NO. 1 AND ORS. Vs STATE OF WEST BENGAL on 24 September 2026
Court No.35. D/L. 596. Kausik (PartlyAllowed) CRM ( A ) 3049 of 2026 In Re: An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure, 1973/Under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Harirampur Police Station Case No. 53
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24.09.2026 Court No.35. D/L. 596. Kausik (PartlyAllowed)
CRM (A) 3049 of 2026
In Re: An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure, 1973/Under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Harirampur Police Station Case No. 53 of 2026 dated 19.02.2026 under Section 126(2)/117(2)/118(2)/109/303(2)/3(5) of the BNS, 2023.
And In the matter of : Petitioner No. 1 & Ors.
……Petitioners.
Mr. Mazhar Hossain Chowdhury
……for the Petitioners.
Mr. Gurudas Mitra
Mr. Utsav Dutta
….for the State.
Learned advocate appearing for the petitioner submitted that as a counter-blast to the earlier case the present petitioners have been foisted with the present case. As the case is founded on embellished facts petitioners be granted the liberty of anticipatory bail.
State has produced the case diary, drawn the attention of the Court to the injury report of one Md. Hajibulla.
I have taken into account the statement of the injured as well as the injury report. Having considered the same, I am of the opinion that the prayer for anticipatory bail of petitioner no. 1 and petitioner no. 2 is to be rejected. So far as petitioner no. 3 is concerned she is a lady and petitioner no. 4, complicity do not warrant his custodial detention. As such, prayer for anticipatory bail of petitioner no. 3 and petitioner no. 4 is allowed. As such, I direct that in the event of arrest, the petitioner no. 3 and petitioner no. 4 be released on bail subject to the satisfaction of the investigating officer/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. So far as petitioner no. 4 is concerned, he shall make himself available before the investigating officer within a period of 10 days and on all subsequent dates fixed by the investigating officer till the report in final form is submitted before the jurisdictional Court. So far as petitioner no. 3 is concerned, she shall make herself available as and when required by the investigating officer for the sake of investigation. Accordingly, CRM (A) 3049 of 2026 is partly allowed. Memo of Evidence submitted 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.)