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2026 DAILYLAW 30633 (CAL)

JHAMRUL MD @ JHAMRUL HAQUE @ JHAMAL HAQUE AND ORS v. THE STATE OF WEST BENGAL

CRM(A)/553/2026 · 2026-07-28

Shampa Sarkar

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

28.07.2026 SL No.23 Court No.11 (gc) (Partly-Allowed) CALCUTTA HIGH COURT IN THE CIRCUIT BENCH AT JALPAIGURI CRM (A) 553 of 2026 In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Kuchlibari Police Station Case No.41 of 2026 dated 27.04.2026 under Sections 126(2)/329(4)/115(2)/117(2)/74/109/3(5) of the BNS, 2023 corresponding to G.R. Case No.185 of 2026. And In the matter of : Jhamrul Md @ Jhamrul Haque @ Jhamal Haque & Ors. - Petitioners. Mr. Hillol Saha Podder, Ms. Mousumi Das ….For the Petitioners. Mr. Avrojyoti Das, Ld. APP, Mr. Sanjay Mazoomdar, Mr. Nigam Mittal … For the State. 1. The petitioners pray for pre-arrest bail in connection with Kuchlibari Police Station Case No.41 of 2026 dated 27.04.2026 under Sections 126(2)/329(4)/115(2)/117(2)/74/109/3(5) of the BNS, 2023. The learned Advocate for the petitioners submits that the petitioners have been falsely implicated in this case. He also submits that there was a previous enmity between the parties and as such a mild scuffling took place on the date when a religious programme had been organized. 2. Learned Advocate for the State opposes the prayer for pre-arrest bail and produces the case diary. 2 3. Considering the medical report, the statements of the de facto complainant and other injured persons, prayer for pre-arrest bail in respect of petitioner nos.3,4 and 6, namely, Maski Md @ Maniuddin @ Manuddin Hoque, Aabudarda Md @ abuda Addar and Mani Md @ Maksedul @ Maksedul Haque is denied and rejected. 4. However, pre-arrest bail in respect of petitioner nos.1, 2, 5, 7 and 8, namely, Jhamrul Md @ Jhamrul Haque @ Jhamal Haque, Taima Bibi @ Taima Khatun Bibi, Md. Ejakul, Jahagir Md @ Jahangir Alam and Aamirul Md @ Ambul Hossain @ Md Amrul Hossain is allowed. 5. Accordingly, this Court directs that, in the event of arrest, the petitioners nos.1, 2, 5, 7 and 8 shall be released on bail upon furnishing a bond of Rs.20,000/- each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer and 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 B.N.S.S. 2023. The petitioner nos.1, 5, 7 and 8 shall meet the investigating officer once a week. The petitioner no.2 will cooperate with the investigation. 6. The petitioners shall not leave the jurisdiction of the Kuchlibari Police Station. The petitioners shall not intimidate witnesses or tamper with evidence in any manner whatsoever. 7. In default, the jurisdictional court shall be at liberty to cancel the bail without further reference to this court. 8. The application for anticipatory bail is, thus, disposed of. 3 9. All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Shampa Sarkar, J.)