Sk Murselim @ Sk. Mursalim v. State Of West Bengal And ANR
AD 5 June 17, 2026 Ct. 28 SG CRM(A) 1188 of 2026 Reject An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Chandipur P.S. Case No.233 of 2025 dated 22.06.2025 under Sections 137(2)/140(3)/76 of the BNS, 2023. And In the matter of: Sk. Murselim @ Sk. Mursalim ... petitioner Mr. Subhrajit Saha Mr. Arif Khan ... for the petitioner Mr. Suraj Mishra ... for the State Learned counsel for the petitioner submits that the 21 year old petitioner had a relationship with the 13 year old minor victim girl. After the relationship turned sour, an FIR was registered. Charge-sheet has been submitted. Learned counsel for the State relies on the case diary and opposes the prayer for anticipatory bail.
He refers to the statements of witnesses including that of the victim and the other materials available in the case diary including the memo of safe custody by which the minor victim girl was recovered from the house of the present petitioner. Unlike in the statement made before the police, in the statement made before the learned Magistrate, the 13 year old victim girl clearly states that she was forcibly kidnapped by the petitioner, kept confined and molested. The medical examination in this case may or may not be required to proof all the charges.
girl refused to undergo medical examination before a male doctor.
Considering the above and the other incriminating materials available in the case diary, I do not consider this to be a fit case for granting anticipatory bail. The application for anticipatory bail is, thus, rejected. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of requisite formalities.
(Jay Sengupta, J.)