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2026 DAILYLAW 31667 (CAL)

SAIRA BIBI v. STATE OF WEST BENGAL

CRM (A)/1586/2026 · 2026-07-31

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

31.07.2026 IN THE HIGH COURT AT CALCUTTA Item No.20 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc. Allowed C.R.M. (A) 1586 of 2026 In Re : An Application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 corresponding to Section 438 of the Code of Criminal Procedure, 1973 filed in connection with Durgapur Police Station Case No. 312 of 2024 dated 11.06.2024 under Sections 420/418/409/467/468/471/477A/34/120B of the Indian Penal Code, 1860 (G.R. Case No. 1148/2024). And In Re : Saira Bibi ... Petitioner. Mr. Kunal Ganguly, Mr. Subhodip Maity ... For the Petitioner. Ms. Surabhi Banerjee ... For the State. Learned advocate appearing for the petitioner submits that petitioner is the wife of Humaun Sekh who is a mason at SAIL. An amount of Rs.38,00,000/- was transmitted to the account of the petitioner for which the petitioner has been implicated. Learned advocate appearing for the State, on the other hand, opposes the prayer for anticipatory bail and submits that there was a defalcation of Rs.3.3 crores. So far as the petitioner is concerned, an amount of Rs.38,00,000/- was transmitted to her account. However, learned advocate submits that such an amount was received by the petitioner because her husband is associated with SAIL as a mason. There are materials to suggest that the principal accused and the husband of the petitioner is associated. 2 Be that as it may, so far as the complicity of the present petitioner in her personal capacity is concerned, there are no materials to suggest except to the extent that said Humaun Sekh husband of the petitioner was associated with SAIL and is allegedly involved in the offence. Having considered the locus of the present petitioner so far as the merits of the criminal case is concerned, I am inclined to grant anticipatory bail to the present petitioner as the initial charge-sheet has already been submitted before the jurisdictional court. As such, the prayer for anticipatory bail of the petitioner is allowed. Accordingly, in the event of arrest, the petitioner viz., Saira Bibi shall be released on bail to the satisfaction of the Arresting Officer on such terms and conditions as he deems fit and proper 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 Bharatiya Nagarik Suraksha Sanhita, 2023. As the initial charge-sheet has already been submitted before the jurisdictional court, this order of anticipatory bail will remain in force for a period of six weeks from date. If required, for the sake of further investigation, petitioner shall cooperate with the Investigating Officer of the case. Memo of Evidence submitted by the learned advocate appearing for the State be kept with the record. The application for anticipatory bail, being CRM (A) 1586 of 2026, is, thus, disposed of. 3 Pending connected application, if any, is consequently disposed of. All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Tirthankar Ghosh, J.)