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2026 DAILYLAW 27445 (CAL)

NARGIS VAJA @ VAJA NARGISBANU IRFANBHAI AND ORS. v. STATE OF WEST BENGAL

CRM (A)/1282/2026 · 2026-07-09

Jay Sengupta

body2026

Judgment text

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AD 47, 48 & 55 July 9, 2026 Ct. 28 SG Allowed CRM(A) 1282 of 2026 In the matter of: Nargis Vaja @ Vaja Nargisbanu Irfanbhai and others … petitioners with CRM(A) 1283 of 2026 In the matter of: Shaikh Rehman @ Rehmanmiya Rafiqmiya Shaikh … petitioner with CRM(A) 1350 of 2026 In the matter of: Khushi Pathan @ Khushnuma Mev … petitioner Applications for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Howrah Women P.S. Case No.07 of 2026 dated 18.02.2026 under Sections 85/115(2)/316(2)/109/3(5) of the BNS. Mr. Arnab Chatterjee Mr. Nirupam Dhali Mr. Avik Ghosh … for the petitioners Ms. Tanusree Kar … for the State in CRM(A) 1282/26 Mr. Uttam Kumar Mondal Mr. Arka Mukherjee … for the State in CRM(A) 1283/26 Three applications for anticipatory bail being CRM(A) 1282 of 2026, CRM(A) 1283 of 2026 and CRM(A) 1350 of 2026 are taken up for hearing together as all are arising out of same police station case. 2 Learned counsel for the petitioners submits that in the first application, the petitioners are the other in-laws of the alleged victim. In the second application, the petitioner is the husband of the alleged victim and in the third application, the petitioner is the alleged paramour of the husband. The marriage between the couple took place on 23.10.2017. On 26.10.2017, the couple went to Bangalore to stay there. In the FIR, it is alleged that the victim was beaten up and driven away from the matrimonial home. On 15.10.2025, an FIR was lodged. Much later on 18.02.2026, the petitioners have been falsely implicated in this case. Learned counsel for the State relies on the case diary and opposes the prayer for anticipatory bail. He refers to the FIR, the statement of the victim recorded before the learned Magistrate and the statements of the brother and the mother of the alleged victim. However, there is no statement of any neighbour or any witness or any injury report present in the case diary. Considering the above, the other materials available in the case diary and the fact that there was a delay in lodging the FIR, I am inclined to grant anticipatory bail to the petitioners. In the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- (rupees ten thousand) each with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting 3 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 petitioners shall cooperate with the investigation, shall not threaten or intimidate witnesses and the petitioner No.2 in CRM(A) 1282 of 2026 and the petitioner in CRM(A) 1283 of 2026 shall meet the investigating officer once a fortnight till submission of report in final form. The three applications for anticipatory bail are, 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.)