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2026 DAILYLAW 16334 (CAL)

HABIBUR RAHMAN SK @ HABU SK AND ORS. v. STATE OF WEST BENGAL

CRM (A)/207/2026 · 2026-02-05

Jay Sengupta

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

05.02.2026 Sl. No.59 NB CRM (A) 207 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 Kaliganj PS Case No.511 of 2025 dated 13.06.2025 under Sections 117(2)/118(2)/109/103(2) of the BNS, 2023. And In the matter of: Habibur Rahman Sk @ Habu Sk. & Ors. … petitioners Mr. Ali Ahsan Alamgir, Ms. Soma Mal, Ms. Rabia Khatoon, Ms. June Modak. …for the petitioners. Mr. Subhamoy Bhattacharya, Ms. Jonaki Saha. ..for the State. Learned counsel appearing on behalf of the petitioners submits that some hunters were mistaken as thieves, which resulted in a mob lynching. The petitioners were only by-standers. Learned counsel appearing on behalf of the State strongly opposes the prayer for anticipatory bail. He relies on the statements of witnesses and the postmortem report and submits that from the CCTV footage, the witnesses have identified the present petitioners as some of the miscreants. The application for anticipatory bail of a similarly circumstanced co-accused was rejected by this Court on 05.01.2026 in CRM(A) 4231 of 2025. Considering the above and the other incriminating materials available in the case diary and the alleged role ascribed to the present petitioners, I do not consider this to be a fit case for granting anticipatory bail. The application for anticipatory bail is, thus, rejected. 2 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.)