Calcutta High Court
CRM (A)/2732/2026 of SARIFUL GAIN Vs STATE OF WEST BENGAL on 15 September 2026
IN THE HIGH COURT AT CALCUTTA Item No.M/L.186 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc. Allowed C.R.M. ( A ) 2732 of 2026 In Re : An Application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 corresponding to Section 438 of the Code of Criminal
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15.09.2026
IN THE HIGH COURT AT CALCUTTA Item No.M/L.186
CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc. Allowed C.R.M. (A) 2732 of 2026
In Re : An Application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, corresponding to Section 438 of the Code of Criminal Procedure, 1973 filed in connection with Matia Police Station Case No. 36 of 2024 dated 09.02.2024 under Sections 498A/305/34 of the Indian Penal Code, 1860 and Sections 9/10 of the Prohibition of Child Marriage Act (G.R. Case No. 513/2024).
And
In Re : Sariful Gain
... Petitioner.
Mr. Satadru Lahiri, Mr. Jyotirmoy Talukder
... For the Petitioner.
Mr. Amarta Ghose, Mr. Probal Das
... For the State.
Petitioner prays for anticipatory bail. Learned advocate appearing for the State, on the other hand, opposes the prayer for anticipatory bail and produces the Memo of Evidence and case diary. Records of the case reflect that charge-sheet was submitted on 07.08.2024 and process was issued against the accused. Records/Memo of Evidence do not reflect whether the petitioner has been declared as proclaimed offender. Such report was of dated 12.08.2026. From the case diary, it reflects that the victim went to her paternal house, consumed poison and died. Having regard to the overall circumstances, I am of the opinion that as charge-sheet has been submitted in the present case, custodial detention of the present petitioner in connection with the instant case is unwarranted. As such, the prayer for anticipatory bail of the petitioner is allowed. Accordingly, in the event of arrest, the petitioner viz., Sariful Gain shall be released on bail to the satisfaction of the Arresting Officer on such terms and conditions as he deems fit and proper 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 Bharatiya Nagarik Suraksha Sanhita, 2023.
As the charge-sheet has already been submitted before the jurisdictional court, this order of anticipatory bail will remain in force for a period of four weeks from date. Memo of Evidence submitted by the learned advocate for the State be kept with the record. The application for anticipatory bail, being CRM (A) 2732 of 2026, is, thus, disposed of. All concerned parties shall act on the server copy of this order duly 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.)