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2026 DAILYLAW 10446 (CAL)

MD ISRAIL AND ORS. v. STATE OF WEST BENGAL AND ANR

CRM (A)/1107/2026 · 2026-04-22

Jay Sengupta

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

22.04.2026 Sl. No.12 Ct. 28 NB C.R.M (A) 1107 of 2026 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Jamuria PS Case No.58/2026 dated 14.02.2026 under Sections 61(2)/69 of the BNS, 2023. And In the matter of: Md. Israil & Ors. … petitioners Mr. Apurba Kumar Datta. …for the petitioners. Mr. Anupam Das Adhikari, Ms. Kanchan Roy. …for the State. Mr. Saibal Kr. Dasgupta …for the de facto complainant. Learned counsel appearing on behalf of the petitioners submits as follows. There was a romantic relationship between the principal accused and the alleged victim. The petitioners are the parents and the brother of the principal accused. After the relationship turned sour, the FIR was registered. Learned counsel appearing on behalf of the de facto complainant strongly opposes the prayer for anticipatory bail. Learned counsel appearing on behalf of the State also opposes the prayer for anticipatory bail. He refers to the medical report and to the statements of witnesses including that of the victim recorded before the learned Magistrate. Considering the above, the other materials available in the case diary, the admitted fact that there was some kind of a 2 relationship between the two adults for a particular length of time and the alleged roles ascribed to the present petitioners, I am inclined to grant anticipatory bail to the petitioners. Accordingly, in the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each, one of whom must be local, to the satisfaction of Arresting Officer and subject to the conditions as laid down under Section 438 of the Code of Criminal Procedure, corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita and on further condition that the petitioners shall cooperate with the investigation and shall not threaten or intimidate witnesses or tamper with evidence in any manner whatsoever and the petitioner nos.1 and 2 shall meet the Investigating Officer once a fortnight till submission of report in final form. The application for anticipatory bail is, thus, disposed of. Urgent photostat certified copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all formalities. (Jay Sengupta, J.)