MAJEDUL ISLAM AND ORS v. STATE OF WEST BENGAL AND ANR
CRM (A)/2604/2026 · 2026-08-19
Tirthankar Ghosh
body2026
DailyLaw.ai
[ 2026 DAILYLAW 36236 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 36236 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
19.08.2026
IN THE HIGH COURT AT CALCUTTA Item No.601
CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc. partly allowed C.R.M. (A) 2604 of 2026
In Re : An Application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Harishchandrapur Police Station Case No. 157 of 2026 dated 21.02.2026 under Sections 329(4)/137(2)/140(3)/324(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023 and adding Section 64 of the Bharatiya Nyaya Sanhita, 2023 (G.R. Case No. 525 of 2026). And
In Re : Majedul Islam and others
... Petitioners. Mr. Asfak Ahammed
... For the Petitioners. Mr. Subhas Chandra Saha, Mr. Malay Dhar
... For the State. Learned advocate appearing for the petitioners submits that petitioners are innocent and they have been foisted with the present criminal case. So far as the principal accused against whom there are accusations of ravishing the lady is concerned, he has been granted bail. Petitioners apprehend that they may be arrested. Learned advocate appearing for the State opposes the prayer for anticipatory bail and draws the attention of the Court to the statement of the victim recorded under Section 183 of the BNSS. I have taken into account the statement of the victim which reflects the name of the petitioner no.2 viz. Sukiruddin @ Md Sukuru Ali. As such, his prayer for anticipatory bail is rejected. 2 So far as the other accused/petitioners are concerned there are reference but no specific name has been taken by the victim. Having considered that the materials presently appearing from other witnesses are hearsay evidence and the fact that the principal accused was in custody, I am of the opinion that custodial detention of the petitioner nos. 1, 3, 4 and 5 in connection with the instant case is unwarranted. As such, the prayer for anticipatory bail of the petitioner nos. 1, 3, 4 and 5 is allowed. Accordingly, in the event of arrest, the petitioners viz.,
1. Majedul Islam, 3. Nuruddin, 4. Mohidur Rahaman @ Maidul Ali and 5. Sanjiv @ Sojib Ali shall be released on bail to the satisfaction of the Arresting Officer on such terms and conditions as he deems fit and proper 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.
As the investigation of the case is still in progress, the petitioner nos. 1, 3, 4 and 5, within a period of ten days, shall make themselves available before the Investigating Officer of the case and thereafter, the Investigating Officer of the case, if required, would fix subsequent dates for presence of the said petitioners for the sake of investigation. Affidavit-of-service filed by the learned advocate appearing for the petitioners be kept with the record. The application for anticipatory bail, being CRM (A) 2604 of 2026, is, thus, disposed of. 3 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.)