Calcutta High Court
CRM (A)/3128/2026 of RAFIKUL MOLLA Vs STATE OF WEST BENGAL AND ANR on 1 October 2026
no. 27 [G.S.Das] Assistant Registrar (Court) CRM ( A ) 3128 of 2026 In re : An Application under Section 482 of the BNSS, 2023/under Section 438 of the Cr.P.C. in connection with Basirhat PS Case No. 517 of 2026 dated 19.06.2026 u/s 64/351(2) of the BNS. -And- In the matter of : Rafikul Molla
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01.10.2026 Serial no. 27 [G.S.Das] Assistant Registrar (Court)
CRM (A) 3128 of 2026
In re : An Application under Section 482 of the BNSS, 2023/under Section 438 of the Cr.P.C. in connection with Basirhat PS Case No. 517 of 2026 dated 19.06.2026 u/s 64/351(2) of the BNS.
-And-
In the matter of : Rafikul Molla
… Petitioner(s)
Mr. Kallol Kumr Basu Md. Jannat ul Firdous Mr. Rajsekhar Hota
… for the petitioner(s)
Mr. Somopriyo Roy Chowdhury Mr. Supriya Mahajan
… for the State-respondent(s) Mr. T. M. Bahar
… for the o.p. no.2
Learned advocate for the petitioner submits that the victim is aged about 35 years as such she was able to understand the consequences of the act. There is a delay in lodging the FIR and the information furnished to the police authorities itself reflects that the victim was acquainted with the present petitioner. State opposes the prayer for anticipatory bail. I have taken into account the statement of the victim under section 183 of the BNSS and on an assessment of the same, I am of the opinion that custodial detention of the present petitioner is unwarranted in the facts and circumstances of the case. Hence, the prayer for anticipatory bail of the petitioner is Allowed. Accordingly, I direct that in the event of arrest, the petitioner [Rafikul Molla] 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 shall meet with the Investigating Officer of the case within a period of ten days 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. Accordingly, CRM (A) 3128 of 2026 is disposed of. Memo of evidence submitted be kept with the record. 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.)