Nur Hassan Faujdar @ Nur Hassainn Faujdar Vs State of… — Anticipatory Bail | Calcutta HC (2026)

Nur Hassan Faujdar @ Nur Hassainn Faujdar Vs State of… — Anticipatory Bail | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted: in the event of arrest, release on bail on furnishing a bond of Rs.10,000/- with two sureties of like amount each (one local), to the satisfaction of the Arresting Officer, subject to Section 438(2) CrPC / Section 482(2) BNSS conditions, cooperation with investigation, fortnightly meetings with the I.O. until submission of report in final form, and no threatening or intimidation of witnesses.

Issue for consideration

Whether the petitioner, arraigned in Uluberia P.S. Case No. 101 of 2026 under Sections 329(3)/115(2)/118(2)/303(2)/74/3(5) of the BNS, 2023, is entitled to anticipatory bail under Section 482 of the BNSS, 2023.

Court's answer

On perusal of the case diary, including witness statements and the injury report (which shows no grievous injury), the court held that custodial interrogation of the petitioner was not required and that anticipatory bail should be granted.

Ratio / Principle

Bail terms fixed: in the event of arrest, release on a bond of Rs.10,000/- with two sureties of like amount each (one local), to the satisfaction of the Arresting Officer, subject to the conditions of Section 438(2) CrPC corresponding to Section 482(2) BNSS, further conditioned on cooperation with investigation, meeting the I.O. once a fortnight until submission of the final report, and abstaining from threatening or intimidating witnesses.

Key takeaways

The application for anticipatory bail is allowed.ratio¶16

Detailed headnote1 paragraphs

Anticipatory bail — granted (S.482 BNSS, 2023). Applicant sought pre-arrest bail in Uluberia P.S. Case No. 101 of 2026 dated 27.02.2026 under Sections 329(3)/115(2)/118(2)/303(2)/74/3(5) BNS, 2023, alleging the FIR was a counter blast to a GD Entry of 25.02.2026 concerning an assault on his mother, for which no FIR was registered. The State was unrepresented; an amicus curiae was appointed to assist. On perusal of the case diary, witness statements and the injury report — which disclosed no grievous injury — the court found custodial interrogation unnecessary and allowed the application: release on arrest on a bond of Rs.10,000/- with two sureties of like amount each (one local), subject to S.438(2) CrPC conditions corresponding to S.482(2) BNSS, cooperation with investigation, fortnightly attendance before the I.O. until the final report, and no threatening or intimidating of witnesses. (Jay Sengupta, J.; 07.05.2026.)

07.05.2026 Court No.28 Item No. 17 tbsr Allowed

CRM (A) 1197 of 2026

In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Uluberia P.S. Case No. 101 of 2026 dated 27.02.2026 under Sections 329(3)/115(2)/118(2)/303(2)/74/3(5) of the BNS, 2023. And

In the matter of: Nur Hassan Faujdar @ Nur Hassainn Faujdar

….Petitioner.

Mr. Sarwar Jahan Mr. Maidul Islam Kayal Mr. Archisman Singh Mr. Noor Ul Amin Sardar …for the petitioner

Mr. Krishnendu Bhattacharjee Mr. Koustav Lal Mukherjee …. Amicus

No one appears on behalf of the State.

Let Mr. Krishendu Bhattacharjee appear as Amicus Curiae in this matter to assist the State.

A copy of this application is served upon Mr. Bhattacharjee in Court.

Learned counsel appearing on behalf of the petitioner submits that the mother of the petitioner was brutally assaulted by the other side. However, no FIR was registered although a GD Entry was lodged on 25.02.2026. As a counter blast, on 27.02.2026, the present FIR was lodged.

Perused the case diary, including the statements of witnesses and the injury report, which, however, does not show infliction of any grievous injury.

2

Considering the above and the other materials available in the case diary, I do not think that custodial interrogation of the petitioner is required in this case and I am inclined to grant anticipatory bail to the petitioner.

In the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- 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 further condition that the petitioner shall cooperate with investigation, shall meet the I.O. once a fortnight till submission of report in final form and shall not threaten or intimidate witnesses.

The application for anticipatory bail is, thus, allowed.

Urgent photostat certified copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all formalities.

(Jay Sengupta, J.)