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2026 DAILYLAW 45504 (CAL)

ISLAM SK. AND ORS. v. STATE OF WEST BENGAL

/3145/2026 · 2026-10-01

Tirthankar Ghosh

body2026

Judgment text

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01.10.2026 IN THE HIGH COURT AT CALCUTTA Item No.43 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc. Allowed C.R.M. (A) 3145 of 2026 In Re : An Application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 corresponding to Section 438 of the Code of Criminal Procedure, 1973 filed in connection with Ketugram Police Station Case No. 391 of 2026 dated 01.07.2026 under Sections 126(2)/352/115(2)/109(1)/308(5)/324(5)/351(2) of the Bharatiya Nyaya Sanhita, 2023. And In Re : Islam Sk. and others ... Petitioners. Mr. Uday Sankar Chattopadhyay, Ms. Trisha Rakshit, Ms. Rajashree Tah, Ms. Aishwarya Datta ... For the Petitioners. Mr. Subrata Mukherjee, Mr. Madan Mohan Roy, Mr. Manoj Kumar Singh ... For the State. Learned advocate appearing for the petitioners submits that petitioners have been foisted with the criminal case after there has been change of administration in respect of incident which stemmed out in the year 2020-2021. Learned advocate appearing for the State, on the other hand, opposes the prayer for anticipatory bail. Having considered the time period which has lapsed since the incident took place, I am of the opinion that custodial detention of the present petitioners in connection with the instant case is unwarranted. As such, the prayer for anticipatory bail of the petitioners is allowed. Accordingly, in the event of arrest, the petitioners viz., 1. Islam Sk., 2. Jiller Rahaman Sekh @ Jille Rahaman Sekh, 3. 2 Amir Seikh @ Amir Sk., 4. Sheru Sekh , 5. Mintu Sk. @ Sahidul Ansar and 6. Mahabul Sk. 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 petitioners shall report to the Investigating Officer of the case within a period of ten days from date and thereafter on all subsequent dates fixed by the Investigating Officer, if required for the sake of investigation, till the report in final form is submitted before the jurisdictional court. Memo of Evidence submitted by the learned advocate appearing for the State be kept with the record. The application for anticipatory bail, being CRM (A) 3145 of 2026, is, thus, disposed of. 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.)