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2026 DAILYLAW 27081 (CAL)

REKABUL ANSARI @ REKBUL AND ORS. v. STATE OF WEST BENGAL AND ANR

CRM (A)/1344/2026 · 2026-07-07

Jay Sengupta

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Judgment text

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AD 51 July 7, 2026 Ct. 28 SG CRM(A) 1344 of 2026 Partly Allowed An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Domkal P.S. Case No.651 of 2025 dated 30.07.2025 under Sections 80(2)/85/70(1)/103(1)/61(2)/238(a)/66 of the BNS, 2023. And In the matter of: Rekabul Ansari @ Rekbul and others … petitioners Mr. Kingsuk Mondal Mr. Suman Das … for the petitioners Mr. Krishendu Bhattacharya, ld.APP Ms. Tanusree Kar … for the State Ms. Manasi Roy … for the mother of the victim Learned counsel for the petitioners submits that the petitioner Nos. 1 and 2 are the brothers-in-law of the alleged victim while the petitioner No.3 is the wife of the petitioner No.2. Earlier, the husband of the alleged victim was granted anticipatory bail by this Court by an order dated 20.05.2026 in CRM(A) 1140 of 2026, while the application for anticipatory bail of the mother-in-law was dismissed. The petitioners have been falsely implicated in this case. Learned counsel for the mother of the alleged victim strongly opposes the prayer for anticipatory bail. Learned counsel for the State relies on the case diary and opposes the prayer for anticipatory bail. He also relies on the post-mortem report and the statements of witnesses. He 2 submits that the husband of the alleged victim was granted anticipatory bail as he claimed to have been working at a place in the State of Kerala at the relevant time. So far as the petitioner No.2 is concerned, the statements of witnesses did not indicate his presence at the place at the relevant time. However, the petitioner Nos.1 and 3 were very much present when the incident took place. The victim was tortured and driven out. She was forced to return on the very next day. Thereafter, she was brutalised and murdered. The post-mortem report records that the death was ante mortem and homicidal in nature. Evidence of sexual violence were also noted. Charge-sheet has been submitted. Considering the above, the other materials available in the case diary and the alleged role ascribed to each of the present petitioners, while I am inclined to grant anticipatory bail to the petitioner No.2, the application for anticipatory bail of the petitioner Nos.1 and 3 (Rekabul Ansari @ Rekbul and Hanufa Khatun @ Mamoni Bibi) is rejected. In the event of arrest, the petitioner No.2 (Md. Ganikhan Ansari @ Goni Ansari) shall be released on bail upon furnishing a bond of Rs.10,000/- (rupees ten thousand) with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the BNSS, 2023 and on the further conditions that 3 the petitioner No.2 shall surrender before the jurisdictional court within four weeks from this date and pray for bail, shall attend the jurisdictional court regularly and shall not threaten or intimidate witnesses. The application for anticipatory bail is, thus, disposed of. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of requisite formalities. (Jay Sengupta, J.)