Allowed¶16

Petitioner v. State of West Bengal and Anr.

Calcutta HC14 May 2026CRM (A)/1389/2026

Case brief

AI extract

What is this about?

Anticipatory bail; Section 482 BNSS 2023; Section 482(2) BNSS conditions; Section 438(2) CrPC 1973; Section 8 POCSO Act; Ranaghat P.S. Case No.220 of 2026; CRM(A) 1389 of 2026; molestation of minor stepdaughter; GD entry 18.03.2026; GD entry 22.03.2026; case diary; bail bond Rs.10,000/- two sureties one local; fortnightly reporting to IO; allowed; Jay Sengupta, J.; decision dated May 14, 2026.

What did the court decide?

Anticipatory bail under Section 482 BNSS, 2023: release on arrest upon bond of Rs.10,000/- with two like sureties (one local), subject to Section 438(2) CrPC / Section 482(2) BNSS conditions, cooperation with investigation, fortnightly reporting to the investigating officer until the final report, and non-intimidation of witnesses. ¶16

Petitioner Vs State of West Bengal and Anr. — Child Sexual Offences (POCSO) | Calcutta HC (2026)

What the court decided

AI extract

Outcome

¶16

Issue for consideration

Whether anticipatory bail under Section 482 of the BNSS, 2023 should be granted to the petitioner in connection with Ranaghat P.S. Case No.220 of 2026 registered under Section 8 of the POCSO Act.

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Court's answer

Considering the case diary materials together with the two competing GD entries — the petitioner's 18.03.2026 entry made while leaving his house and the de facto complainant's 22.03.2026 entry regarding her husband going missing — the court was inclined to grant anticipatory bail to the petitioner.

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Ratio / Principle

In the event of arrest, the petitioner shall be released on bail upon 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 shall be subject to the conditions under Section 438(2) CrPC 1973 corresponding to Section 482(2) BNSS 2023.

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Key takeaways

Further conditions imposed: the petitioner shall cooperate with the investigation, meet the investigating officer once a fortnight until submission of the report in final form, and shall not threaten or intimidate witnesses.ratio¶15
The application for anticipatory bail is allowed.ratio¶16

Detailed headnote1 paragraphs

Anticipatory bail under Section 482 of the BNSS, 2023 was granted to the petitioner (AAAA) facing allegations under Section 8 of the POCSO Act in Ranaghat P.S. Case No.220 of 2026 (FIR dated 05.04.2026) of molesting his wife's minor daughter. Weighing the case diary and the conflicting GD entries — the petitioner's 18.03.2026 entry made on leaving his house and the de facto complainant's 22.03.2026 missing-husband entry — the court directed that, on arrest, the petitioner be released on a Rs.10,000/- bond with two sureties of like amount each (one local) to the satisfaction of the Arresting Officer, subject to Section 438(2) CrPC 1973 conditions corresponding to Section 482(2) BNSS 2023, cooperation with investigation, fortnightly meetings with the investigating officer till the final report, and abstention from threatening or intimidating witnesses.

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AD 62 May 14, 2026 Ct. 28 SG

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CRM(A) 1389 of 2026

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Allowed

¶4

An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Ranaghat P.S. Case No.220 of 2026 dated 05.04.2026 under Section 8 of the POCSO Act. And In the matter of: AAAA … petitioner

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Mr. Jayanta Narayan Chatterjee, Sr. Adv. Ms. Moumita Pandit Ms. Ritushree Banerjee … for the petitioner Mr. Krishendu Bhattacharya … Amicus Mr. S. Das Mr. S. Mukherjee … for the de facto complainant

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Affidavit of service filed in Court is taken on record and kept in a sealed cover.

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Learned senior counsel representing the petitioner submits that the petitioner got married to the de facto complainant on 05.06.2020. The de facto complainant had a daughter from her earlier marriage. However, soon after marriage, the de facto complainant started torturing the petitioner and his mother. She had sent the mother to a rehab. The mother subsequently passed away. The de facto complainant was also having an illicit affair with someone. On 18.03.2026, the petitioner was constrained to leave his own house. On that date, he made a GD entry. It was much later and as an afterthought that the present FIR was lodged on 05.04.2026 making wanton allegations against the

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present petitioner. It was alleged therein that the petitioner had been molesting the minor daughter of his wife.

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Learned Amicus, assisting the State, opposes the prayer for anticipatory bail and relies on the case diary, the statement of the 15 year old daughter of the de facto complainant, the statements of witnesses and the medical report.

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Learned counsel for the de facto complainant submits that it is true that the petitioner had left his house. For this, the de facto complainant lodged a GD entry on 22.03.2026, but it is also true that the petitioner had been molesting the minor daughter of the de facto complainant for some time. Copy of the GD entry, as filed, is taken on record.

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Considering the above, the other materials available in the case diary, the GD entry lodged by the de facto complainant regarding her husband going missing and the prior GD entry lodged by the petitioner while leaving his house, I am inclined to grant anticipatory bail to the petitioner.

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In the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (rupees ten thousand) 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

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on the further conditions that the petitioner shall cooperate with the investigation, shall meet the investigating officer once a fortnight till submission of report in final form and shall not threaten or intimidate witnesses.

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The application for anticipatory bail is, thus, allowed.

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Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of requisite formalities.

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(Jay Sengupta, J.)

Petitioner v. State of West Bengal and Anr.

Case brief

What is this about?

What did the court decide?

Petitioner v. State of West Bengal and Anr.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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