Md.Waris @ Warish Mohammad and Ors. Vs the State of West… — Anticipatory Bail | Calcutta HC (2026)

Md.Waris @ Warish Mohammad and Ors. Vs the State of West… — Anticipatory Bail | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted to all petitioners in the event of arrest on a bond of Rs.10,000/- each with two sureties of like amount each (one surety local), to the satisfaction of the arresting officer, subject to the conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 438(2) CrPC) and further conditions: petitioners no.1 and no.3 to meet the Investigating Officer once a week until further orders, petitioner no.2 to cooperate with the investigation, and the petitioners not to leave the jurisdiction of the concerned police station; breach of any condition entails automatic cancellation of the anticipatory bail.

Issue for consideration

Whether the petitioners are entitled to anticipatory bail under section 482 of the B.N.S.S. 2023 in connection with Pradhan Nagar Police Station Case No.461 of 2026 dated 29.06.2026 under Sections 69/351(2)(3)/61(2) of the Bharatiya Nyaya Sanhita, 2023.

Court's answer

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.

Ratio / Principle

The release is subject to the conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, corresponding to Section 438(2) of the Code of Criminal Procedure.

Key takeaways

Further conditions imposed: petitioner no.1 and petitioner no.3 shall meet the Investigating Officer once a week until further orders; petitioner no.2 shall cooperate with the investigation; the petitioners shall not leave the jurisdiction of the concerned police station.ratio¶¶18
On failure to adhere to any of the stated conditions, the anticipatory bail stands automatically cancelled without further reference to this Court.ratio¶¶19

Detailed headnote1 paragraphs

Anticipatory bail application under section 482 of the B.N.S.S. 2023 in connection with Pradhan Nagar Police Station Case No.461 of 2026 dated 29.06.2026 under Sections 69/351(2)(3)/61(2) of the Bharatiya Nyaya Sanhita, 2023. The Court considered the medical report (the victim having refused medical examination) and the statements of the witnesses, and directed that in the event of arrest the petitioners 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 Bharatiya Nagarik Suraksha Sanhita, 2023 corresponding to Section 438(2) of the Code of Criminal Procedure. Additional conditions: petitioner no.1 and petitioner no.3 to meet the Investigating Officer once a week until further orders; petitioner no.2 to cooperate with the investigation; petitioners not to leave the jurisdiction of the concerned police station. Failure to adhere to any condition entails automatic cancellation of the anticipatory bail without further reference to the Court. Application allowed and disposed of.

28.07.2026 Item No.19 Court No.11 (GB)

Calcutta High Court

In the Circuit Bench at Jalpaiguri

CRM (A) 545 of 2026

In Re: - An application for anticipatory bail under section 482 of the B.N.S.S. 2023, in connection with Pradhan Nagar Police Station Case No. 461 of 2026 dated 29.06.2026 under Sections 69/351(2)(3)/61(2) of Bharatiya Nyaya Sanhita, 2023.

And

In the matter of: Md. Waris @ Warish Mohammad & Ors.

….Petitioners.

Mr. Hillol Saha Podder, Ms. Mousumi Das Mr. Avrojyoti Das, Ld. APP., Mr. Kallal Ghosh, Mr. Partha Pratim Sarkar Mr. Subham Chanda, Ms. Avisikta Das

…for the Petitioners.

… for the State.

… for the De facto complainant.

The petitioner prays for pre-arrest bail in connection with Pradhan Nagar Police Station Case No.461 of 2026 dated 29.06.2026 under Sections 69/351(2)(3)/61(2) of Bharatiya Nyaya Sanhita, 2023, on the ground that the victim was an adult and the relation between the petitioner no.1 and the victim was a consensual love relationship. Thus, the allegation of physical assault was false.

The learned advocate for the State opposes the prayer for anticipatory bail and produces the case diary.

Considered the medical report. It appears that the victim has refused medical examination. Considered the statement of the witnesses.

Accordingly, I direct that 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 and subject to the conditions as

2

laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 corresponding to Section 438(2) of the Code of Criminal Procedure. The further condition is that the petitioner no.1 and petitioner no.3 shall meet the Investigating Officer once a week until further orders and the petitioner no.2 shall cooperate with the investigation. The petitioners shall not leave the jurisdiction of the concerned police station.

In case the petitioners fail to adhere to any of the conditions as stated above, anticipatory bail stands automatically cancelled without further reference to this Court.

The application for anticipatory bail, being CRM (A) 545 of 2026 is allowed and 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.)