Calcutta High Court
CRM (A)/2978/2026 of SK RAHUL AND ORS. Vs STATE OF WEST BENGAL on 22 September 2026
Court No.35. D/L. 11. Kausik (Allowed) CRM ( A ) 2978 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 Sadaipur Police Station Case No. 73 of 2026
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22.09.2026 Court No.35. D/L. 11. Kausik (Allowed)
CRM (A) 2978 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 Sadaipur Police Station Case No. 73 of 2026 dated 15.05.2026 under Section 329(2)/117(2)/118(2)/109(1)/351(3)/3(5) of BNS, 2023 and Section 25/27 of Arms Act and Section 9(b)(ii) of I.E. Act.
And In the matter of : Sk Rahul & Ors.
……Petitioners.
Mr. Krishna Kanta Sarkar
……for the Petitioners.
Ms. Priyanka Chandra
….for the State.
Learned advocate appearing for the petitioners submits petitioners are innocent and they have been implicated in connection with the instant case after there was a change in administration.
Learned advocate for the State opposes the prayer for bail, draws the attention of the Court to the injury report as well as the statement of the injured. The statement of the injured states that he was admitted in the hospital for 2 days, after sustaining injuries. There are stitches which were administered. However, statement of the injured specifically named some other person, not the present petitioners.
State submits that there are previous criminal antecedents of the present petitioners.
I find the accusations are exaggerated in view of the statement of the injured and comparing the same with the sections which have been incorporated in the formal FIR. Having considered the same, I am of the opinion that custodial detention of the present petitioners are unwarranted.
As such prayer for anticipatory bail is allowed. As such, I direct that in the event of arrest, the petitioners, namely, (1) Sk Rahul, (2) Sk Milan, (3) Rabi Uz Zaman, (4) Sk Suraj, (5) Sk Mithu 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. As the investigation of the case is in progress, petitioners shall report to the investigating officer within a period of 10 days and on all subsequent dates fixed by the investigating officer for the sake of investigation till the report in final form is submitted before the jurisdictional Court. Accordingly, CRM (A) 2978 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.)