Calcutta High Court
CRM (A)/2267/2026 of KACHIMUDDIN MOLLA @ BATU AND ORS. Vs STATE OF WEST BENGAL on 27 August 2026
Ct. No. 446 Sl. No.12 akd [ALLOWED] C. R. M. ( A ) 2267 of 2026 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed on 09.07.2026 in connection with Tapan Police Station Case No. 97 of 2025 dated 10.02.2025 under Sections 108/3(5)
27.08.2026
Ct. No. 446
Sl. No.12
akd
[ALLOWED]
C. R. M. (A) 2267 of 2026
In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed on 09.07.2026 in connection with Tapan Police Station Case No. 97 of 2025 dated 10.02.2025 under Sections 108/3(5) of the Bharatiya Nyaya Sanhita,
2023. (G.R. Case No. 285 of 2025)
And
In Re: Kachimuddin Molla @ Batu & Ors.
… … Petitioners
Mr. Kaushik Choudhury
Mr. Dwaipayan Panda
… … for the petitioners
Mr. Tinteswar Das
… … for the State
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1. This is an application for anticipatory bail filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Tapan Police Station Case No. 97 of 2025 dated 10.02.2025, under Sections 108/3(5) of the Bharatiya Nyaya Sanhita, 2023.
2. Learned Advocate appearing for the petitioners submits that the principal accused has been enlarged on bail. He further submits that no specific overt act has been alleged against the present petitioners. In such circumstances, according to him, custodial interrogation of the present petitioners is not necessary.
3. Mr. Das, learned Advocate appearing for the State/respondents, produces the Memo of Evidence as well as the case diary and vehemently opposes the prayer for anticipatory bail of the petitioners on the basis of the materials available therein. The Memo of Evidence filed in Court today is taken on record.
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4. Heard the learned Advocates appearing for both the parties and perused the case diary as well as the other materials on record including the Memo of Evidence.
5. The post-mortem report indicates that one continuous ligature mark has been found on the neck of the victim, which, prima facie, suggests that the victim committed suicide. The principal accused has already been enlarged on bail. No specific overt act has been alleged against the present petitioners.
6. Considering the facts and circumstances of the case, I am of the opinion that custodial interrogation of the petitioners is not necessary and that they may be granted anticipatory bail.
7. Accordingly, I direct that in the event of arrest, the accused/petitioners, namely, (1) Kachimuddin Molla @ Batu, (2) Kohinur Bibi, (3) Parvin Bibi, (4) Faruk Sarkar & (5) Sagar Ali, be released on bail upon furnishing a bond of Rs. 10,000/-(Rupees ten thousand only) each, with two sureties of like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Dakshin Dinajpur and also subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The petitioner nos.4 and 5 shall meet the Investigating Officer once in a fortnight till submission of the charge sheet.
8. The application for anticipatory bail is, thus, disposed of.
(Partha Sarathi Chatterjee, J.)