Research › Search › Judgment

Calcutta High Court · body

2026 DAILYLAW 37046 (CAL)

RAFIQ SEKH AND ORS. v. STATE OF WEST BENGAL

CRM (A)/2842/2026 · 2026-08-31

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

31.08.2026 Court No.35. D/L. 88. Kausik (Allowed) CRM (A) 2842 of 2026 In Re: An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure, 1973/Under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Nakashipara Police Station Case No. 214 of 2026 dated 06.03.2026 under sections 191(2)/191(3)/190/121/132/117(2)/118(2)/109/127/3(5). And In the matter of : Rafiq Sekh & Ors. ……Petitioners. Mr. Prabir Majumder Mr. Snehansu Majumder Ms. Sangeeta Chakraborty Ms. Anindita Kundu ……for the Petitioners. Mr. Subhas Chandra Saha Mr. Manoj Kumar Singh ….for the State. Learned advocate appearing for the petitioners submits that petitioners were not initially named in the FIR but was subsequently named in the charge sheet. State has opposed the prayer for anticipatory bail as the petitioners along with others took law in their hands for suspecting a person as a child lifter. Having considered that 100 to 150 persons were involved as is reflected from the letter of complaint, I am of the view that as charge sheet has already been submitted before 2 the jurisdictional Court petitioners be granted the relief of anticipatory bail. As such prayer for anticipatory bail is allowed. As such, I direct that in the event of arrest, the petitioners namely, (1) Rafiq Sekh, (2) Rakibul Sk, (3) Akbar Ali Sk be released on bail 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 charge sheet has already been submitted, this order of anticipatory bail will remain in force for a period of 6 weeks. Thus, CRM (A) 2842 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.)