Jesmina Khatun @ Julie Khatun And ORS. v. State Of West Bengal And ANR

AD 21 February 12, 2026 Ct. 28 SG CRM(A) 95 of 2026 Allowed An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Chanditala P.S. Case No.296 of 2025 dated 27.04.2025 under Sections 329(4)/115(2)/76/3(5) of the BNS, 2023 and Section 6 of the POCSO Act, 2012.

And In the matter of: Jesmina Khatun @ Julie Khatun and others ... petitioners Mr. Mujibar Ali Naskar Mr. Sandip Kumar Mandal Ms. Ritika Yadav ... for the petitioners Mr. Anand Keshari Mr. Akash Ganguly ... for the State Report filed by the State is taken on record. Despite service no one appears on behalf of the de facto complainant.

Learned counsel for the petitioners submits that the petitioners stand on the same footing as one who has granted anticipatory bail on 13.11.2025 in CRM(A) 3258 of 2025. The principal accused was arrested and thereafter granted bail.

Learned counsel for the State opposes the prayer for anticipatory bail and submits that the victim named the petitioner No. 1 as present at the place and laughing at the incident. The mother took the name of the petitioner No.2 as one, amongst many, who had quarreled with her.

Considering the above, the other materials available in the case diary, the alleged role ascribed to each of the petitioners and the fact that the principal accused was arrested and thereafter granted bail and that charge-sheet has been submitted, although I am inclined to grant anticipatory bail to the petitioners, their movement shall remain restricted for the limited period.

In the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- (rupees ten thousand) each with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer 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 BNSS, 2023 and on the further conditions that the petitioners shall surrender before the jurisdictional court within four weeks from this date and pray for bail, shall stay outside Chanditala Police Station for a period of two months except for attending the jurisdictional court or meeting the investigating officer and shall not threaten or intimidate witnesses.

The application for anticipatory bail is, thus, allowed. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of requisite formalities.

(Jay Sengupta, J.)