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2026 DAILYLAW 33652 (CAL)

SK SAMIUL HAQUE AND ORS. v. STATE OF WEST BENGAL

CRM (A)/2032/2026 · 2026-08-04

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

04.08.2026 Court No.35. D/L.85. Rakib (Allowed) CRM (A) 2032 of 2026 In Re: An Application for Anticipatory Bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Galsi Police Station case no. 361 of 2026 dated 18.05.2026 under Sections 331(3)/308(5)/324(4)/351(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023. And In the matter of : Sk. Samiul Haque & Ors. ……Petitioners. Mr. Biswajit Hazra Mr. Archisman Sain .....for the Petitioners. Ms. Priyanka Chandra ……for the State. Learned advocate appearing for the petitioners submit that the allegations in the complaint referred to are incidents of 2021 onwards and an additional allegation in respect of an incident of 2026. Learned advocate appearing for the State on the other hand opposes the prayer for anticipatory bail and submits that three of the accused were arrested and subsequently released on bail. I have taken into account the materials appearing in the Case Diary and the period for which the complainant accuses the petitioners for committing the alleged offence. Having regard to the nature of accusations made, I am of the opinion that although a case has been made out for investigation but custodial detention of the petitioners may not be warranted in the facts of the case. Accordingly, the prayer for anticipatory bail of 2 the petitioners namely, Sk. Samiul Haque, Sk. Rousan, Sk. Sahabul and Maidul Mallick @ Maidul Islam Mallik is allowed. As such, I direct that in the event of arrest, the petitioners shall furnish bond subject to the satisfaction of the investigating officer/arresting officer of the case and also subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and/or under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. As, the investigation of the case is still in progress, petitioners shall meet with the investigating officer of the case within a period of 10 days from date and on all subsequent dates as fixed by the investigating officer of the case for the sake of investigation of the case. With the aforesaid observations, CRM (A) 2032 of 2026 is allowed. Memo of evidence submitted by the State be kept with the record. All parties shall act in terms of server copy of the order 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.)