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2026 DAILYLAW 34631 (CAL)

ALAM KHANDAKAR@SAHALAM KHANDAKAR @ SAHALOM KHANDKAR v. THE STATE OF WEST BENGAL AND ANR

CRM(A)/630/2026 · 2026-08-21

Arijit Banerjee

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

8 21-08-2026 (ct. no.11) KOLE Allowed 1635 In the High Court At Calcutta Jalpaiguri Circuit Bench CRM (A) 630 of 2026 In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure/Section 482 of the BNSS in connection with Sahebganj Police Station Case No. 339 of 2026 dated 03.07.2026 under Sections 64(1)/351(3) of the BNS. - A n d - In the matter of : Alam Khandakar @ Sahalam Khandakar @ Sahalom Khandkar .... Petitioner. Mr. Subhasish Mishra, Mr. S. Paul, Mr. Rounak Ghosh, … For the Petitioner. Mr. Avrajyoti Das, Mr. S. Mazoomdar, Mr. A. Dong, … For the State. 1. Service report filed by the State be kept with the records. In spite of service nobody appears for the victim/defacto complainant. 2. The petitioner says that he has been falsely implicated. The victim is a married lady and his colleague’s wife. He did not rape the victim lady or commit any other crime. He will fully cooperate with the Investigating Officer. He prays for pre-arrest bail. 3. Learned State Advocate opposes the prayer. He shows me the case diary. He fairly admits that the victim refused medical examination. 2 4. Apart from the fact that the victim refused medical examination, I also see that the FIR was lodged after one year and one and half months after the alleged incident. The victim is a married lady. 5. Considering the facts and circumstances of the case and the nature of the allegations, I am of the view that immediate custodial interrogation of the petitioner is not necessary so long as the petitioner fully cooperates with the Investigating Officer. 6. Hence, I allow this application for anticipatory bail. 7. Accordingly, in the event of arrest, the petitioner, namely Alam Khandakar @ Sahalam Khandakar @ Sahalom Khandkar, shall be released on bail upon furnishing a bond of Rs.10,000/-, with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer and shall abide by the conditions laid down in Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 until further orders and on further condition that the petitioner shall report to the Inspector in charge of the concerned police station once in a fortnight and also as and when called for until further orders. The petitioner shall go and meet the Inspector in Charge of the concerned police station within three days from date. 8. In case the petitioner fails to adhere to any of the conditions mentioned hereinabove or in Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the learned Court below shall be entitled to cancel the anticipatory bail without further reference to this Court. 3 9. The application for anticipatory bail being CRM (A) 630 of 2026 is disposed of. 10. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. ( Arijit Banerjee, J. )