Karimul Haque @ MD Karim @ Karimuddin and Anr. Vs the… — Anticipatory Bail | Calcutta HC (2026)

Karimul Haque @ MD Karim @ Karimuddin and Anr. Vs the… — Anticipatory Bail | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted to both petitioners: on arrest, release upon bond of Rs.10,000/- each with two sureties of like amount (one local), subject to Section 482(2) BNSS conditions; surrender before the jurisdictional court within four weeks; regular attendance; no threatening or intimidating of witnesses; petitioner No.1 to stay outside Phansidewa Police Station jurisdiction except for meeting the investigating officer or attending the jurisdictional court.

Issue for consideration

Whether the petitioners are entitled to anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Phansidewa P.S. Case No.366 of 2025. +1 more

Court's answer

Having considered the submissions, the other materials available in the case diary and the fact that charge-sheet has been submitted, the Court is inclined to grant anticipatory bail to the petitioners.

Ratio / Principle

The movement of petitioner No.1 is restricted for a limited period: he shall stay outside the jurisdiction of Phansidewa Police Station except for meeting the investigating officer or attending the jurisdictional court.

Key takeaways

In the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each (one of whom must be local), to the satisfaction of the Arresting Officer, subject to the conditions under Section 482(2) of the BNSS, 2023; they shall surrender before the jurisdictional court within four weeks, attend it regularly, and shall not threaten or intimidate witnesses.ratio¶7
The application for anticipatory bail is allowed.ratio¶8

Detailed headnote1 paragraphs

Anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 granted to two petitioners in connection with Phansidewa P.S. Case No.366 of 2025 dated 11.08.2025 (Sections 329(4)/64/62/351(2)/3(5) BNS), the charge-sheet having already been submitted. Conditions: bond of Rs.10,000/- each with two sureties of like amount (one local) to the satisfaction of the Arresting Officer, subject to Section 482(2) BNSS; surrender before the jurisdictional court within four weeks; regular attendance; no threatening or intimidation of witnesses; movement of petitioner No.1 restricted for a limited period - he shall stay outside Phansidewa Police Station jurisdiction except to meet the investigating officer or attend court. Application allowed. (Jay Sengupta, J., Circuit Bench at Jalpaiguri, March 25, 2026)

AD 34 IN THE HIGH COURT AT CALCUTTA March 25, 2026 Circuit Bench at Jalpaiguri Ct. 6 Criminal Miscellaneous Jurisdiction SG CRM(A) 207 of 2026 Allowed An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Phansidewa P.S. Case No.366 of 2025 dated 11.08.2025 under Sections 329(4)/64/62/351(2)/3(5) of the BNS. And In the matter of: Karimul Haque @ Md. Karim @ Karimuddin and another … petitioners Ms. Mousumi Das … for the petitioners Mr. A. Sarkar Mr. K. Acharjee Ms. S. Adhikary … for the State Mr. S. Chanda Mr. S. Ghosh … for the de facto

Learned counsel for the petitioners submits that there was an illicit relation between the petitioner No.2 and the husband of the alleged victim. This led to a dispute between the two families. The petitioners have been falsely implicated in this case.

Learned counsel for the de facto complainant opposes the prayer for anticipatory bail and submits that even after the incident, the petitioners were harassing her.

Learned counsel for the State opposes the prayer for anticipatory bail and refers to the statement of the victim recorded before the learned Magistrate and the statements of other witnesses. He submits that charge-sheet has been submitted.

2

Considering the above, the other materials available in the case diary and the fact that charge-sheet has been submitted, although I am inclined to grant anticipatory bail to the petitioners, the movement of the petitioner No.1 shall remain restricted for a limited period of time.

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 attend the jurisdictional court regularly and shall not threaten or intimidate witnesses and the petitioner No.1 shall stay outside the jurisdiction of Phansidewa Police Station except for meeting the investigating officer or attending the jurisdictional court.

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.)