Allowed¶15

Mahadev Saha @ Mohadeb Saha v. State of West Bengal

Calcutta HC10 Feb 2026CRM (A)/318/2026

Case brief

AI extract

What is this about?

Anticipatory bail allowed under S. 482 BNSS 2023 in Gazole P.S. Case No. 909 of 2024 (Ss. 110/115(2)/76/85/3(5) BNS 2023); husband–wife/matrimonial case, petitioner a Police Constable, injury report showed no external injury; custodial interrogation held unnecessary; bail bond Rs.10,000 with two sureties (one local), conditions incl. fortnightly reporting to I.O.; decided 10.02.2026 by Jay Sengupta, J.

What did the court decide?

Anticipatory bail granted: petitioner to be released on arrest upon bond of Rs. 10,000/- with two like-amount sureties (one local) and compliance with statutory and conduct conditions. ¶15

Mahadev Saha @ Mohadeb Saha Vs State of West Bengal — Anticipatory Bail | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to be released on arrest upon bond of Rs. 10,000/- with two like-amount sureties (one local) and compliance with statutory and conduct conditions.

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Issue for consideration

Whether anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 should be granted to the petitioner in connection with Gazole P.S. Case No. 909 of 2024, and whether custodial interrogation of the petitioner is required.

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Court's answer

Considering the materials in the case diary (including that the petitioner, husband of the alleged victim working elsewhere as a Police Constable, is alleged in a case where the injury report shows no external injury), custodial interrogation of the petitioner is not required and he is entitled to anticipatory bail.

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Ratio / Principle

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, subject to the statutory conditions under Section 438(2) CrPC, 1973 corresponding to Section 482(2) BNSS, 2023.

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Key takeaways

Release is further conditioned on the petitioner cooperating with the investigation, meeting the I.O. once a fortnight till submission of the final report, and refraining from threatening or intimidating witnesses.ratio¶14

Detailed headnote1 paragraphs

Anticipatory Bail – S. 482 BNSS, 2023 – Granted. Petitioner (husband of alleged victim, serving elsewhere as a Police Constable; marriage about eight years old) sought anticipatory bail in Gazole P.S. Case No. 909 of 2024 dated 14.10.2024 under Sections 110/115(2)/76/85/3(5) BNS, 2023. Injury report disclosed no external injury; perusal of case diary convinced the learned Judge that custodial interrogation was not required. Bail ordered on bond of Rs. 10,000/- with two like-amount sureties (one local) to the satisfaction of the Arresting Officer, subject to S. 438(2) CrPC/S. 482(2) BNSS conditions, cooperation with investigation, fortnightly meetings with the I.O. until final report, and abstention from threatening or intimidating witnesses. (Jay Sengupta, J.)

Mahadev Saha @ Mohadeb Saha v. State of West Bengal

Case brief

What is this about?

What did the court decide?

Mahadev Saha @ Mohadeb Saha 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

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