Calcutta High Court
CRM (A)/2310/2026 of NAJIMUL SK @ NAJEMUL HOQUE AND ORS. Vs STATE OF WEST BENGAL on 25 August 2026
Sl. No. 20 Ct. No. 446 SG [ALLOWED] C. R. M. ( A ) 2310 of 2026 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Itahar Police Station Case No. 386/2026 dated 05.06.2026 under Sections 109(1)/ 115(2)/ 117(2)/
25.08.2026
Sl. No. 20
Ct. No. 446
SG
[ALLOWED]
C. R. M. (A) 2310 of 2026
In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Itahar Police Station Case No. 386/2026 dated 05.06.2026 under Sections 109(1)/ 115(2)/ 117(2)/ 126(2)/ 3(5) of Bharatiya Nyaya SAnhita, 2023
(G.R. Case No. 1383 of 2026).
And
In Re: Najimul Sk @ Najemul Hoque & Ors.
… … Petitioners
Mr. Amit Ranjan Pati,
Mr. Ashok Halder,
Ms. Reshmi Mukherjee.
… for the petitioners
Mr. Gouranga Kr. Das,
Mr. Snehasis Banerjee.
… for the State
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1. Learned Advocate appearing for the petitioners submits that, following the alleged incident, almost 39 persons have been implicated in this case. He submits that there is no specific allegation against the present accused persons. He submits that co-accused persons standing on the same footing have been granted anticipatory bail. He submits that, taking note of these facts, the petitioners may be granted anticipatory bail.
2. Learned Advocate appearing for the State produces the case diary and memorandum of evidence and opposes the prayer for anticipatory bail.
3. The memorandum of evidence as placed is taken on record.
4. Heard the learned Advocates appearing for the respective parties and perused the case diary and other materials available on record, including the injury report. The main allegations are against accused persons nos. 1 and 2, and there is no specific allegation against
2 the present petitioners. The incident occurred in the presence of direct witnesses. Considering the nature of the allegations, I am of the view that custodial interrogation of the present petitioners is not warranted and that the benefit under Section 482 of the BNSS can be extended in favour of the petitioners.
5. In view of the above, the prayer for anticipatory bail is allowed.
6. Accordingly, I direct that, in the event of arrest, the petitioners, viz., (1) Najimul Sk @ Najemul Hoque, (2) Khaitu Sk @ Maha Alam and (3) Sakratu Sk @ Sakratu Sekh be released on bail upon furnishing a bond of Rs. 10,000/- each, with two sureties of like amount each to the satisfaction of the learned Chief Judicial Magistrate, Uttar Dinajpur, Raiganj and also subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023
7. The application for anticipatory bail is, thus, disposed of.
(Partha Sarathi Chatterjee, J.)