Golam Sarwar @ Ghulam Sarwar and Anr. Vs State of West… — Anticipatory Bail | Calcutta HC (2026)

Golam Sarwar @ Ghulam Sarwar and Anr. Vs State of West… — Anticipatory Bail | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted to both petitioners on a bond of Rs.10,000/- each with two sureties of like amount each (one local), subject to Section 438(2) CrPC, 1973 / Section 482(2) BNSS, 2023 conditions, cooperation with the investigation, no threatening or intimidation of witnesses, weekly meetings with the I.O. by petitioner no.1 till the final report, and a two-month restriction keeping petitioner no.1 outside Goalpokher Police Station jurisdiction except for attending the jurisdictional Court or meeting the Investigating Officer.

Issue for consideration

Whether anticipatory bail under Section 482 of the BNSS should be granted to the petitioners in connection with Goalpokher Police Station Case No. 629 of 2025.

Court's answer

Having considered the case diary, including the injury report which does not show infliction of any grievous injury, the court was inclined to grant anticipatory bail to both petitioners, while restricting the movements of petitioner no.1 for a limited period.

Ratio / Principle

In the event of arrest, the petitioners are to be released on bail on a bond of Rs.10,000/- each with two sureties of like amount each (one of whom must be local), subject to the conditions under Section 438(2) of the CrPC, 1973 corresponding to Section 482(2) of the BNSS, 2023, and further to cooperate with the investigation and not threaten or intimidate witnesses; petitioner no.1 is to meet the I.O. once a week till submission of the report in final form and to stay outside the jurisdiction of Goalpokher Police Station for two months, except for attending the jurisdictional Court or meeting the Investigating Officer.

Detailed headnote1 paragraphs

Anticipatory bail - granted (application disposed of). Application under Section 482 of the BNSS, 2023 in connection with Goalpokher Police Station Case No. 629 of 2025 dated 19.11.2025, under Sections 329(3)/189(4)/221/132/74/121(1)/121(2)/351(2)/3(5) of the BNS 2023 read with Section 3 of the Prevention of Damage to Public Property Act. Considering the case diary, including an injury report showing no grievous injury, the court was inclined to grant anticipatory bail to both petitioners (Golam Sarwar @ Ghulam Sarwar and another), restricting the movements of petitioner no.1. Release ordered on a bond of Rs.10,000/- each with two sureties of like amount each (one local), subject to the conditions of Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the BNSS, 2023, with further conditions of cooperation with the investigation and no threatening or intimidation of witnesses; petitioner no.1 to meet the I.O. once a week till submission of the report in final form and to stay outside Goalpokher Police Station jurisdiction for two months, except for attending the jurisdictional Court or meeting the Investigating Officer. (Jay Sengupta, J.; 12.03.2026)

12.03.2026 Court No.28 Item No.33 ssi

CRM (A) 644 of 2026

In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita in connection with Goalpokher Police Station Case No. 629 of 2025 dated 19.11.2025 under Sections 329 (3)/189(4)/221/132/74/121(1)/121(2)/351(2)/3(5) of the BNS 2023 read with Section 3 of the Prevention of Damage to Public Property Act.

And In the matter of: Golam Sarwar @ Ghulam Sarwar & another. …. Petitioners Mr. Mujibar Ali Naskar Md. Habibur Rahman

Mr. S. S. Imam Mr. Subham Bhakat

…for the petitioners ..for the State

Learned counsel appearing on behalf of the petitioners submits as follows. A member of the ruling political dispensation had assaulted one Anwarul. The said Anwarul succumbed to his injury. But, no charges of murders were put for this. The said accused was able to obtained bail. All the villagers got infuriated and protested. As a result of this, the said villagers have been falsely implicated in this case. As many as about 44 accused were granted anticipatory bail by the Session Judge.

Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. He relies on statements of witnesses and the injury report. He submits that it was at the instigation of the petitioner no.1 that of this mischief happened.

Considering the above, the other materials available in the case diary including the injury report which does not show infliction of any

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grievous injury, although I am inclined to grant anticipatory bail to the petitioners, the movement needs to be restricted for a limited period to the petitioner no.1.

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 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 further conditions that the petitioners shall co-operate with the investigation and shall not threaten or intimidate the witnesses. The petitioner no.1 shall meet the I.O. once a week till submission of report in final form. The petitioner no.1 shall stay outside the jurisdiction of Goalpokher Police Station for a period of two months from this date, except for attending the jurisdictional Court or meeting the Investigating Officer.

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

Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

(Jay Sengupta, J.)