Extracted from the PDF above. The PDF is authoritative.
D/L536 13.08.2026 Bpg. Allowed
C.R.M. (A) 1696 of 2026
In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Haroa Police Station Case No.634 of 2025 dated 02.12.2025 under Sections 318(4)/316(2)/351(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023;
Rafikul Islam Versus The State of West Bengal
Mr. Omar Faruk Gazi Ms. Bidisha Das. …for the petitioner. Mr. Koel Mukherjee. …for the State. Learned advocate appearing for the petitioner submits that the petitioner has been implicated in the criminal case as the husband of the de facto complainant failed to repay the loan of the bank. Learned advocate for the State opposes the prayer for anticipatory bail and submits that materials have been collected which would show that majority of the loan amount was transferred to the account of the present petitioner. An agreement has also been referred to which was entered into between the present petitioner and the husband of the de facto complainant. 2
I have taken into account the overall circumstances appearing in the present case. The majority of the transactions were through banking accounts. State submits that some of the documents which were submitted before the bank authorities are lacking genuineness. Having considered that the case is based on documents and there was an agreement on the basis of which transaction of money took place, I am of the opinion that custodial detention of the present petitioner is unwarranted. As such, the prayer for anticipatory bail of the petitioner is allowed. Accordingly, in the event of arrest, the petitioner, namely, Rafikul Islam shall be released on bail 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 corresponding to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. As the investigation of the case is in progress, the petitioner will report to the investigating officer of the case within a period of 10 days from date and thereafter on all subsequent dates fixed by the investigating officer of the case. With the aforesaid observations, CRM(A)1696 of 2026 is allowed. Memo of Evidence submitted by the State be kept with the record. All parties shall act on the server copy of this order duly downloaded from the official website of this Court.
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Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities. (Tirthankar Ghosh, J.)