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2026 DAILYLAW 6663 (CAL)

OBAIDUR RAHAMAN v. STATE OF WEST BENGAL

CRM (A)/307/2026 · 2026-02-25

Jay Sengupta

body2026

Judgment text

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25.02.2026 Court No.28 Item No.20 ssi CRM (A) 307 of 2026 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Suraksha Nagarik Sanhita in connection with Raghunathganj Police Station Case No.53 of 2026 dated 12.01.2026 under Sections 318(4)/336 (2)/336(3)/337/340(2) of the BNS 2023. And In the matter of: Obaidur Rahaman …. Petitioner. Ms. Shabana Hasin Ms. Samima Akter …for the petitioner Mr. Anand Keshari Ms. Afreen Begum ..for the State Progress report filed on behalf of the State is taken on record. Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner has been falsely implicated by the de facto complainant in this case. Both are co-villagers. A monetary transaction between the two is also not unnatural. Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. He submits that as per the de facto complainant, the petitioner took Rs. 8,000/- to get a birth certificate for the de facto complainant from the hospital where he was working. But, the same was found to be fake. Other than the statements of the victim, there is a money transaction of about Rs. 3,000/- between the two. Considering the above, the other materials available in the case diary and the fact that the prosecution is based mainly on the statement of the de facto complainant that it was the petitioner who 2 got that fake certificate for him, I do not think that custodial interrogation of the petitioner is required in this case and I am inclined to grant anticipatory bail to the petitioner. In the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer 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 BNSS, 2023 and on further conditions that the petitioner shall co-operate with the investigation and shall not threaten or intimidate the witnesses. The petitioner shall meet the I.O. once a week till submission of report in final form. Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible. (Jay Sengupta, J.)