Allowed¶10

Atiur Rahaman @ Atiur Sk v. State of West Bengal

Calcutta HC22 May 2026CRM (A)/1448/2026

Case brief

AI extract

What is this about?

Anticipatory bail; Section 482 BNSS 2023; Sections 103(1)/3(5) BNS 2023; Murarai P.S. Case No.71 of 2026; delay of about three months in lodging FIR; no explanation for delay in FIR; bail bond Rs.10,000 with two local-conditioned sureties; conditions under Section 482(2) BNSS corresponding to Section 438(2) CrPC 1973; cooperation with investigation; weekly reporting to investigating officer; CRM(A) 1448 of 2026; Jay Sengupta, J.; allowed.

What did the court decide?

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), subject to Section 482(2) BNSS, 2023 conditions and further conditions to cooperate with the investigation, meet the investigating officer once a week till submission, and not threaten or intimidate witnesses. ¶10

Atiur Rahaman @ Atiur Sk Vs State of West Bengal — Murder and Culpable Homicide | Calcutta HC (2026)

What the court decided

AI extract

Outcome

¶10

Issue for consideration

Whether anticipatory bail should be granted to the petitioner under Section 482 of the BNSS, 2023 in connection with Murarai P.S. Case No.71 of 2026 under Sections 103(1)/3(5) of the BNS, 2023, given the delay of about three months in lodging the FIR.

¶7

Court's answer

Considering the submissions, the other materials available in the case diary and the fact that there is a delay of about three months in lodging the FIR, the court was inclined to grant anticipatory bail to the petitioner.

¶7

Ratio / Principle

In the event of arrest, the petitioner is to be released on bail upon 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 the conditions under Section 482(2) of the BNSS, 2023 corresponding to Section 438(2) of the Code of Criminal Procedure, 1973, and further conditions that the petitioner shall cooperate with the investigation, shall meet the investigating officer once a week till submission, and shall not threaten or intimidate witnesses.

¶9

Detailed headnote1 paragraphs

Anticipatory bail under Section 482 of the BNSS, 2023 granted in a case under Sections 103(1)/3(5) of the BNS, 2023 (Murarai P.S. Case No.71 of 2026 dated 12.03.2026). The FIR was lodged about three months after the death of the alleged victim, and the FIR itself provided no explanation for the delay in lodging it. Considering the case diary materials and the delay, the court allowed the application: in the event of arrest, the petitioner to be released on a bond of Rs.10,000/- with two sureties of like amount each (one local), subject to Section 482(2) BNSS, 2023 conditions (corresponding to Section 438(2) CrPC, 1973) and further conditions of cooperation with the investigation, weekly meetings with the investigating officer till submission, and abstention from threatening or intimidating witnesses.

¶1

AD 24 May 22, 2026 Ct. 28 SG

¶2

CRM(A) 1448 of 2026

¶3

Allowed

¶4

An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Murarai P.S. Case No.71 of 2026 dated 12.03.2026 under Sections 103(1)/3(5) of the BNS, 2023. And In the matter of: Atiur Rahaman alias Atiur Sk. … petitioner Ms. Shabana Hasin … for the petitioner Mr. Krishendu Bhattacharya … Amicus

¶5

Learned counsel for the petitioner submits that after three months of death of the alleged victim, an FIR was registered stating that the victim had gone with the petitioner and did not return. Immediately thereafter the petitioner has prayed for anticipatory bail.

¶6

Learned Amicus, assisting the State, relies on the case diary and opposes the prayer for anticipatory bail. He submits that there are statements of relatives and neighbours that the two had gone out to a fair, but the victim did not return. However, there is no explanation provided in the FIR for the delay in lodging the FIR.

¶7

Considering the above, the other materials available in the case diary and the fact that there is a delay of about three months in lodging the FIR, I am inclined to grant anticipatory bail to the petitioner.

¶8

¶9

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 on the further conditions that the petitioner shall cooperate with the investigation, shall meet the investigating officer once a week till submission and shall not threaten or intimidate witnesses.

¶10

The application for anticipatory bail is, thus, allowed.

¶11

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

¶12

(Jay Sengupta, J.)

Atiur Rahaman @ Atiur Sk v. State of West Bengal

Case brief

What is this about?

What did the court decide?

Atiur Rahaman @ Atiur Sk v. State of West Bengal

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

Coram

Case details

Similar cases

Golam Nabi Mondal @ Pintu Mondal Vs State of West Bengal and Anr.

Basudeb Dutta and Anr. Vs State of West Bengal

Abhik Chatterjee @ Avik Chatterjee and Ors. Vs State of West Bengal

Prahllad Das Vs State of West Bengal

Najir Ali Mistri and Ors. Vs State of West Bengal

Dipankar Talukdar Vs State of West Bengal