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2026 DAILYLAW 35502 (CAL)

GITA MAJHI AND ANR v. STATE OF WEST BENGAL

CRM (A)/2513/2026 · 2026-08-25

Md Shabbar Rashidi

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

25.08.2026 Serial no. 19 Anticipatory Bail [Allowed] Dd In the High Court at Calcutta Criminal Miscellaneous Jurisdictional Appellate Side CRM (A)/2513/2026 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Harishchandrapur Police Station Case No. 89 of 2025 dated 03.02.2025 under Sections 329(4)/ 351(2)/ 117(2)/ 109/ 76/303(2)/3(5) of Bharatiya Nyaya Sanhita, 2023 corresponding to GR Case No. 287/2025 pending before Learned Additional Chief Judicial Magistrate, Chanchal, Malda. -And- In the matter of : GITA MAJHI AND ANR. … … Petitioners Ms. Minoti Gomes, Advocate Mr. Imdadul Hoque,, Advocate … … For the Petitioners Mr. Subhasish Pachhal,, Advocate Mr. Shivam Mishra, Advocate … …For the State 1. Memo of Evidence filed in Court be taken on record. 2. Having heard the submissions made on behalf of the learned advocate for the petitioners as well as learned advocate for the State and on perusal of materials in the case diary, it transpires that as per the case made out by the prosecution, the petitioners entered into the house of the complainant, abused them in filthy languages and threatened the complainant with dire consequences. When the de facto complainant raised protest, the petitioners assaulted the husband of the de facto complainant with iron road in his hand with an intention to kill. There are allegations of outraging the modesty of the de facto 2 complainant as well. However, on perusal of the materials in the case diary, it appears that at the time of medical examination, the Medical Officer has noted that the victim was assaulted by a sharp cutting weapon. I have also gone through the injury reports which show that though, some stitches were given to the injuries but the injuries have not been classified as grievous. 3. Learned advocate appearing for the petitioners has also submitted that the petitioners have been implicated in this case due to disputes. The petitioners have also lodged complaint against the de facto complainant and her husband as a counter-blast case. 4. Considering the nature of allegations and considering the facts and circumstances of the case and the materials in the case dairy as well as nature of injuries noted by the Medical Officer, prayer for anticipatory bail of the petitioners is allowed. 5. Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only) each, with two sureties of like amount each, 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, 1973 corresponding to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and on further condition that the petitioner No. 2 shall report before the Investigating Officer once in a fortnight till the conclusion of the investigation and petitioner No. 1 shall cooperate with the investigation till its completion and on further condition that the petitioners shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of 3 the petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court. 6. Prayer for anticipatory bail of the petitioners is allowed. 7. CRM (A)/2513/2026 is disposed of. (Md. Shabbar Rashidi, J.)