Hamizul Haque Miya @ Hamidul Haque Vs the State of West… — Dowry and Cruelty | Calcutta HC (2026)

Hamizul Haque Miya @ Hamidul Haque Vs the State of West… — Dowry and Cruelty | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Anticipatory (pre-arrest) bail: in the event of arrest, release on bail upon a bond of Rs.50,000/- with two sureties of like amount each (one local), subject to Section 438(2) CrPC / Section 482(2) B.N.S.S. 2023 conditions, weekly meeting with the investigating officer, confinement to Falakata Police Station jurisdiction, and a bar on intimidating witnesses or tampering with evidence.

Issue for consideration

Whether the petitioner, stated to be the father of the FIR-named accused, should be granted anticipatory (pre-arrest) bail in connection with Falakata Police Station Case No. 322 of 2026 under Sections 85-80 of the BNS.

Court's answer

After comparing the post-mortem report with the version of the de facto complainant, and taking note of the petitioner's role as father of the FIR-named accused, the Court granted pre-arrest bail to the petitioner.

Ratio / Principle

Bail was made conditional: in the event of arrest, release upon a bond of Rs.50,000/- with two sureties of like amount each (one local), subject to the conditions of Section 438(2) CrPC corresponding to Section 482(2) B.N.S.S. 2023; the petitioner to meet the investigating officer once a week; not to leave the jurisdiction of Falakata Police Station; and not to intimidate witnesses or tamper with evidence.

Key takeaways

In default of the bail conditions, the jurisdictional court is at liberty to cancel the bail without further reference to this Court.ratio¶15

Detailed headnote1 paragraphs

Anticipatory bail — Section 482, Bharatiya Nagarik Suraksha Sanhita, 2023 — Applicant, stated to be the father of the FIR-named accused, sought pre-arrest bail in Falakata Police Station Case No.322 of 2026 (GR Case no.1043 of 2026) under Sections 85-80 of the BNS. Comparing the post-mortem report with the version of the de facto complainant and noting the applicant's role, the Court granted pre-arrest bail on condition that, in the event of arrest, he be released on a bond of Rs.50,000/- with two sureties of like amount each (one local), subject to Section 438(2) CrPC / Section 482(2) B.N.S.S. 2023 conditions, weekly reporting to the investigating officer, non-departure from Falakata Police Station jurisdiction, and non-intimidation of witnesses/non-tampering with evidence; the jurisdictional court may cancel bail on default without further reference. Application disposed of accordingly.

23.07.2026 SL No.15 Court No.11 (gc) (Allowed)

CALCUTTA HIGH COURT IN THE CIRCUIT BENCH AT JALPAIGURI

CRM (A) 526 of 2026

In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Falakata Police Station Case No.322 of 2026 dated 15.05.2026 under Sections 85-80 of the BNS corresponding to GR Case no.1043 of 2026.

And

In the matter of : Hamizul Haque Miya @ Hamidul Haque - Petitioner.

Mr. Sudip Guha, Ms. Sayantani Das, Ms. Ankita Nag

….For the Petitioner. Mr. Avrojyoti Das, Ld. APP., Mr. Gobinda Saha Mr. Abhilash Mittal

… For the State.

The petitioner prays for pre-arrest bail in connection with Falakata Police Station Case No. 322 of 2026 dated May 15, 2026 under Sections 85-80 of the BNS.

Having compared the post-mortem report with the version of the de facto complainant and also taking note of the role of the petitioner who is the father of the FIR named accused, I am inclined to grant pre-arrest bail to the petitioner.

Accordingly, this Court directs that, in the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.50,000/-, with two sureties of like amount each, one of

2

whom must be local, to the satisfaction of the Arresting Officer and 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 B.N.S.S. 2023. The petitioner shall meet the investigating officer once a week. The petitioner shall not leave the jurisdiction of the Falakata Police Station. The petitioner shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In default, the jurisdictional court shall be at liberty to cancel the bail without further reference to this court.

The application for anticipatory bail is, thus, disposed of.

All parties shall act on the server copies of this order duly

downloaded from the official website of this Court.

(Shampa Sarkar, J.)