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2026 DAILYLAW 27183 (CAL)

REJAUL GAZI v. STATE OF WEST BENGAL AND ANR

CRM (A)/1580/2026 · 2026-07-07

Jay Sengupta

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

AD 78 July 7, 2026 Ct. 28 SG CRM(A) 1580 of 2026 Allowed An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Ashoknagar P.S. Case No.490 of 2025 dated 06.08.2025 under Sections 137(2)/140(3) of the BNS, 2023. And In the matter of: Rejaul Gazi … petitioner Mr. Angshuman Chakraborty Mr. S.S. Saha … for the petitioner Mr. Somnath Bera … for the State Mr. Somnath Adhikary … for the de facto complainant Report filed by the State is taken on record. Learned counsels for the petitioner and the de facto complainant submit that the petitioner and the minor victim girl, who was aged about 17½ at the time of incident, had a love affair. Due to some misunderstanding, the present case was started and certain statements were made before the police and the learned Magistrate. A settlement has now been arrived at between the private parties that after the victim attained the age of 18 years, the two would get married. Learned counsel for the State relies on the case diary and the report and opposes the prayer for anticipatory bail. He refers to the statement of the victim including the one made 2 before the learned Magistrate on 25.06.2026. As per such exonerative statement, the alleged victim claimed to have gone a friend’s place from school. There was a delay in coming back. That is why some steps were taken due to misunderstanding. Charge-sheet has been submitted. Considering the above, the other materials available in the case diary and the fact that a charge-sheet has been submitted, I am inclined to grant anticipatory bail to the petitioner. In the event of arrest, the petitioner 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 the petitioner 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, allowed. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of requisite formalities. (Jay Sengupta, J.) 3