Research › Search › Judgment

Calcutta High Court · body

2026 DAILYLAW 15741 (CAL)

ISLAM SK AND ORS. v. STATE OF WEST BENGAL

CRM (A)/4300/2025 · 2026-01-16

Jay Sengupta

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

16.01.2026 Sl.48 Ct.No.28 NB CRM (A) 4300 of 2025 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 Beldanga P.S. Case No.867 of 2024 dated 16.11.2024 under Sections 189(2)/126(2)/121/121(1)/132/109/351(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023. And In the matter of: Islam Sk & Ors. ... petitioners Mr. Rajdeep Mazumdar Sr.Adv., Ms. Arushi Rathore, Ms. Triparna Roy. …for the petitioners. Mr. Debabrata Chatterjee, Mr. Sufi Kamal. ...for the State. Learned senior counsel representing the petitioners submits that as per the FIR, when the police personnel went to arrest an accused, the co-villagers prevented them from arresting the said accused, who fled away. They also allegedly assaulted the police. The present petitioners have been falsely implicated in this case. Learned counsel appearing on behalf of the State strongly opposes the prayer of the anticipatory bail. He submits that this is a very serious case where the public servants were prevented from carrying out their duties by a mob. The names of the present petitioners have been specifically taken by the victim and other witnesses. Reliance is also placed on the injury report of one of the police officers showing infliction of serious injuries. 2 Considering the above, the materials available in the case diary and the fact that the petitioner no.7 is lady, while I am inclined to grant anticipatory bail to the petitioner no.7 (Bilkis Bibi), the application for anticipatory bail of the petitioner nos.1 to 6 are rejected. Accordingly, in the event of arrest, petitioner no.7 (Bilkis Bibi) 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 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 petitioner no.7 shall cooperate with the investigation and shall not threaten or intimidate witnesses or tamper with evidence in any manner whatsoever. The application for anticipatory bail is partly allowed and 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.)