Calcutta High Court
CRM (A)/3636/2026 of SALMA BIBI Vs STATE OF WEST BENGAL on 6 October 2026
Court No.35. D/L. 257. Kausik (Allowed) CRM ( A ) 3636 of 2026 In Re: An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure, 1973/Under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Santipur Police Station Case No. 648 of 2026
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06.10.2026 Court No.35. D/L. 257. Kausik (Allowed)
CRM (A) 3636 of 2026
In Re: An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure, 1973/Under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Santipur Police Station Case No. 648 of 2026 dated 14.05.2026 under section 318(4)/319(2)/336(2)/336(3)/338/340(2)/61(2) of BNS, 2023.
And
In the matter of : Salma Bibi
……Petitioner.
Mr. Sk. Salim
……for the Petitioner.
Mr. Prabir Majumder
Mr. Dipanjan Chatterjee
Ms. Sangeeta Chakraborty
….for the Defacto Complainant.
Mr. Biswajit Tiwari
Mr. Bikash Kr. Singh
….for the State.
Learned advocate appearing for the petitioner submits that there are civil cases pending inter se the parties and the criminal case has been initiated to settle the scores.
Learned advocate for the defacto complainant submits that petitioner is beneficiary of a forged deed and is trying to usurp the properties.
State opposes the prayer for anticipatory bail and submits that another accused has also been arrested and subsequently enlarged on bail. The accused who was arrested is the father of the present petitioner.
I have taken into account the overall materials of the case. Although investigation should continue in the given state of circumstances but custodial detention of the petitioner being a lady is unwarranted. However, the petitioner would co- operate with the investigating officer of the case and if required tender her signatures as and when required by the investigating officer. As such prayer for anticipatory bail is allowed. As such, I direct that in the event of arrest, the petitioner, namely, Salma Bibi be released on bail subject to the satisfaction of the investigating officer/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. Accordingly, CRM (A) 3636 of 2026 is allowed. Memo of Evidence submitted 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.)