Calcutta High Court

CRM (A)/2977/2026 of NOZRUL ISLAM MOLLA @ NAZORUL @ NAZARUL ISLAM MOLLA Vs STATE OF WEST BENGAL on 21 September 2026

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Court No.35. D/L. 15. Kausik (Allowed) CRM ( A ) 2977 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 Shyampur Police Station Case No. 108 of 2026

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21.09.2026 Court No.35. D/L. 15. Kausik (Allowed)

CRM (A) 2977 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 Shyampur Police Station Case No. 108 of 2026 dated 04.03.2026 under Sections 318(4)/336(2)/336(3)/338/340(2)/3(5) of the BNS, 2023.

And In the matter of : Nozrul Islam Molla @ Nazorul @ Nazarul Islam Molla & Ors.

……Petitioners.

Mr. Sudipta Dasgupta

Mr. Baibhav Roy

Mr. Arindam Shit

……for the Petitioners.

Mr. Anindya Ghosh

Mr. Pronojit Roy

….for the State.

Learned advocate appearing for the petitioner submits that there is a dispute amongst the heirs for which the present petitioners have been foisted with a criminal case. Petitioners are co-sharer of the same property.

State opposes the prayer for anticipatory bail and submits that the heirship certificate was forged.

Be that as it may, the dispute is amongst the relations. Considering the same, I am of the view that although investigation can continue but custodial detention of the present petitioners may not be warranted.

2

Accordingly, prayer for anticipatory bail is allowed. As such, I direct that in the event of arrest, the petitioners, namely, (1) Nozrul Islam Molla @ Nazorul @ Nazarul Islam Molla, (2) Badrul Islam Molla, (3) Samsar Islam Molla @ Sansar Islam Molla, 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. Since the investigation of the case is in progress petitioner shall report to the investigating officer of the case within a period of 10 days and on all subsequent dates fixed by the investigating officer till the report in final form is submitted before the jurisdictional Court. Accordingly, CRM (A) 2977 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.)

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