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2026 DAILYLAW 42053 (CAL)

KALIM SEKH AND ANR v. STATE OF WEST BENGAL AND ANR

CRM (A)/3001/2026 · 2026-09-21

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

21.09.2026 Serial no. 39 [G.S.Das] Assistant Registrar (Court) CRM (A) 3001 of 2026 In re : An Application under Section 482 of the BNSS, 2023/under Section 438 of the Cr.P.C. in connection with Monteswer PS Case No. 397 of 2026 dated 16.08.2026 u/s 126(2)/115(2)/117(2)/118(2)/351(2)/352/74/79/3(5) of the BNS. -And- In the matter of : Kalim Sekh &Anr. … Petitioner(s) Mr. Amitava Chowdhury Mr. Debasis Sur Mr. Dilip Kumar Das … for the petitioner(s) Mr. Rajendra Banerjee, ld. APP Mr. P. C. Podder … for the State-respondent(s) Learned advocate for the petitioners submits that there was a scuffle, pursuant to which, the petitioners have been foisted with the criminal case. State opposes the prayer for anticipatory bail and draws the attention of the court to the injury report as well as the statement of other witnesses. I have taken into account the overall circumstances and is of the opinion that custodial detention of the present petitioners is unwarranted. 2 Hence, the prayer for anticipatory bail of the petitioners is Allowed. Accordingly, I direct that in the event of arrest, the petitioners [Kalim Sekh and Sahidul Sekh] be released on anticipatory bail subject to the satisfaction of the 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, the petitioners shall meet with the Investigating Officer of the once a week till the report in final form is submitted before the learned jurisdictional court. Additionally, the petitioners shall stay outside the jurisdiction of Monteswer Police Station till the same is modified by the learned ACJM, Kalna, Purba Bardhaman Accordingly, CRM (A) 3001 of 2026 is disposed of. Memo of evidence submitted be kept with the record. Parties to act on a server copy of this order duly collected from the official website of the Hon’ble High Court, Calcutta. (Tirthankar Ghosh, J.) 3