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2026 DAILYLAW 46602 (CAL)

MOMENA BIBI AND ANR. v. STATE OF WEST BENGAL AND ANR

CRM (A)/3127/2026 · 2026-10-06

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

06.10.2026 Court No.35. D/L.32. Rakib (Allowed) CRM (A) 3127 of 2026 In Re: An Application for Anticipatory Bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Baruipur Police Station case no. 2250 of 2025 dated 07.12.2025 under Sections 126(2)/76/115(2)/117(2)/74/351(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 10 of the POCSO Act, 2012. And In the matter of : Momena Bibi & Anr. ……Petitioner. Mr. Ashutosh Mandal ......for the Petitioner. Mr. Gouranga Kumar Das, Ld. APP Mr. Amal Kumar Datta Mr. Sayan Sachin Basu ……for the State. Learned advocate appearing for the petitioners submit that petitioners have been foisted with the present criminal case as there were disputes. Petitioners also informed the police station which was reduced only to a General Diary Entry. There are medical reports in respect of the injury sustained by the petitioners. Learned advocate appearing for the State has opposed the prayer for anticipatory bail. Report has also been submitted regarding the service being effected upon the private opposite party. I have taken into account the overall materials, having considered that charge-sheet has been submitted and the present petitioners are both ladies, I am of the opinion that their custodial detention is uncalled for. As such, prayer for anticipatory bail of the petitioners namely, Momena Bibi and Tomile Bibi @ Tamila Bibi @ Tomila Bibi is allowed. 2 Accordingly, in the event of arrest, the petitioners shall be released on bail to the satisfaction of the Arresting Officer on such terms and conditions as he deems fit and proper 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. Since, charge-sheet has already been submitted before the jurisdictional Court this order of anticipatory bail of the petitioners shall remain in force for a period of six weeks from date. Accordingly, CRM (A) 3127 of 2026 is allowed. Report and 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.)