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2026 DAILYLAW 44680 (CAL)

MD. JAHIRUDDIN SK AND ORS v. THE STATE OF WEST BENGAL

CRM (A)/3065/2026 · 2026-09-29

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

29.09.2026 Serial no. 25 [G.S.Das] Assistant Registrar (Court) CRM (A) 3065 of 2026 In re : An Application under Section 482 of the BNSS, 2023/under Section 438 of the Cr.P.C. in connection with Burwan PS Cse No. 443 of 2024 dated 21.09.2024 u/s 126(2)/117(2)/118(2)/109/61(2)/3(5) of th eBNS. -And- In the matter of : Md. Jahiruddin Sk. &Ors. … Petitioner(s) Mr. Jagannath Ganguly … for the petitioner(s) Mr. Pradip Kr. Singh Mr. Deepak Khetawat … for the State-respondent(s) Ms. Minoti Gomes Md. Hafiz Ali … for the defacto-complainant Learned advocate for the petitioners submits that the no.1 [Md. Jahiruddin Sk.] and petitioner no.3 [Anaruddin Saikh] have already been arrested. As such, their prayer for anticipatory bail is dismissed as not pressed. Learned advocate further submits that the petitioners are innocent and there are other cases inter se the parties and the petitioners have been falsely implicated in connection with the instant case. 2 I have taken into account the injury report as well as the statement of the injured. State opposes the prayer for anticipatory bail and draws the attention of the court to the injury report and the statement of the injured. Learned advocate for the defacto-complainant also submits that the petitioners are evading the process of law. I have taken into account the overall circumstances and the materials appearing in the case diary. Having considered the same, I am of the opinion that the prayer for anticipatory bail of the petitioner nos. 4, 5 and 8 be allowed. Hence, the prayer for anticipatory bail of the petitioner nos. 4, 5 and 8 is Allowed. Accordingly, I direct that in the event of arrest, the petitioner nos. 4, 5 and 8 [Asif Sk. @ Asif Iqubal, Munai Seikh and Jiban Seikh @ Samiyul Alim Seikh] 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 petitioner no. 4, 5 and 8 shall meet with the Investigating Officer of the case within a period of ten days 3 from date and, thereafter, on all subsequent dates as would be fixed by the Investigating Officer of the case for the sake of investigation till the report in final form is submitted before the learned jurisdictional court. So far as the prayer for anticipatory bail of the petitioner nos. 2 [Suman Sk. @ Ibrahim Sk.]; 6 [Fazlur Rahaman]; 7 [Mofiur Alam @ Jyoti Seikh]; 9 [Rimon Seikh @ Azaharuddin Sk.] is concerned, their prayer for anticipatory bail is Rejected. Accordingly, CRM (A) 3065 of 2026 is partly allowed. 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.)