Najima Begam @ Nazima Khatoon and Ors. Vs the State of… — Anticipatory Bail | Calcutta HC (2026)

Najima Begam @ Nazima Khatoon and Ors. Vs the State of… — Anticipatory Bail | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted to all petitioners; release upon arrest on bond of Rs. 20,000/- each with two sureties of Rs. 10,000/- each (one local), subject to Section 438(2) Cr.P.C. / Section 482(2) BNSS, 2023 conditions; petitioner nos. 2, 3 and 5 to meet the investigating officer fortnightly till submission of the charge-sheet; CRM (A) 977 of 2025 disposed of.

Issue for consideration

Whether anticipatory bail should be granted to the petitioners (Najima Begam @ Nazima Khatoon & Ors.) in connection with Siliguri PS Case No. 682 of 2025 notwithstanding the continuing investigation.

Court's answer

Although the investigation is continuing, custodial detention of the present petitioners may not be warranted in the facts and circumstances of the case.

Ratio / Principle

The prayer for anticipatory bail of the petitioners is allowed: in the event of arrest, they are to be released on bail upon furnishing a bond of Rs. 20,000/- each with two sureties of Rs. 10,000/- each (one of whom must be local), to the satisfaction of the arresting officer, subject to the conditions laid down under Section 438(2) of the Cr.P.C. and/or Section 482(2) of the BNSS, 2023.

Key takeaways

Petitioner nos. 2, 3 and 5 shall meet the investigating officer once in a fortnight till the charge-sheet is submitted.ratio¶18

Detailed headnote1 paragraphs

ANTICIPATORY BAIL GRANTED (S. 482 BNSS, 2023 / S. 438 Cr.P.C.) - Calcutta High Court, Circuit Bench at Jalpaiguri, CRM (A) 977 of 2025, decided 08.01.2026 by Tirthankar Ghosh, J.: In respect of Siliguri PS Case No. 682 of 2025 dated 13.10.2025 (Sections 126(2)/118(1)/117(2)(4)/109/76/351(2)/303(2)/3(5) BNS), the court found that two arrested accused (Md. Ashraful and Md. Nasiruddin) had complicity expressed in the letter of complaint and that further investigation was continuing, yet concluded that custodial detention of the petitioners (Najima Begam @ Nazima Khatoon & Ors.), who claimed implication amid cases and counter cases between the parties, was not warranted. Prayer allowed: release upon arrest on bond of Rs. 20,000/- each with two sureties of Rs. 10,000/- each (one local), to the satisfaction of the arresting officer, subject to S. 438(2) Cr.P.C. / S. 482(2) BNSS, 2023 conditions; petitioner nos. 2, 3 and 5 to report to the investigating officer once a fortnight till submission of the charge-sheet.

08.01.2026 Serial no. 23 [G.S.D]

CALCUTTA HIGH COURT IN THE CIRCUIT BENCH AT JALPAIGURI

CRM (A) 977 of 2025

In re : An Application under Section 482 of the BNSS, 2023/under Section 438 of the Cr.P.C. in connection with Siliguri PS Case No. 682 of 2025 dated 13.10.2025 u/s 126(2)/118(1)/117(2)(4)/109/76/351(2)/303(2)/3(5) of the BNS.

-And-

In the matter of : Najima Begam @ Nazima Khatoon & Ors.

… Petitioner(s)

Mr. Debajit Kundu Mr. Tapan Bhattacharjee Mr. Dhiman Sil

… for the petitioner(s) … for the State-respondent(s)

Learned advocate for the petitioners submits that the petitioners are innocent of the charges and there are cases and counter cases between the parties, as such, the petitioners have been implicated.

Learned advocate for the State opposes the prayer for anticipatory bail and has produced the case diary along with the statement of the injured.

I have considered the materials appearing in the case diary; the information furnished speaks that two of the accused persons who were arrested, have been granted bail

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and, on an assessment of the materials available, I find that two of the accused persons, namely, Md. Ashraful and Md. Nasiruddin had complicity which was expressed in the letter of complaint and there may be involvement of the other accused persons for which further investigation is continuing.

Having considered the same, although, the investigation is continuing, I am of the opinion that custodial detention of the present petitioners may not be warranted in the facts and circumstances of the case.

Hence, the prayer for anticipatory bail of the petitioners is Allowed.

Accordingly, I direct that in the event of arrest, the petitioners be released on bail upon furnishing bond of Rs.20,000/-(Rupees Twenty Thousand only) each , with two sureties of Rs.10,000/- (Rupees Ten Thousand only) each, one of whom must be local, 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.

The petitioner nos. 2, 3 and 5 shall meet with the investigating officer of the case once in a fortnight till the charge-sheet is submitted by the investigating officer.

Accordingly, CRM(A) 977 of 2025 is disposed of .

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Pending application(s), if any, is also disposed of. Parties to act on a server copy of this order duly collected from the official website of the Hon’ble High Court, Calcutta.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)