Abdul Malek @ Abdul Maleque and Anr. Vs State of West… — Anticipatory Bail | Calcutta HC (2026)

Abdul Malek @ Abdul Maleque and Anr. Vs State of West… — Anticipatory Bail | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted to the petitioners; upon arrest, release on a bond of Rs.10,000/- each with two sureties of like amount each (one local), subject to Section 438(2) CrPC / Section 482(2) BNSS conditions and further conditions to surrender before the jurisdictional court within four weeks, attend regularly, and not threaten or intimidate witnesses.

Issue for consideration

Whether anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 should be granted to the petitioners, who are the parents of the principal accused, in connection with Harishchandrapur P.S. Case No.1122 of 2025.

Court's answer

Custodial interrogation of the petitioners is not required, considering the materials in the case diary, the alleged role ascribed to the petitioners and the submission of the charge-sheet.

Ratio / Principle

Anticipatory bail is granted to the petitioners; in the event of arrest they shall be released on a bond of Rs.10,000/- each with two sureties of like amount each, one of whom must be local.

Key takeaways

Bail is subject to the conditions of Section 438(2) CrPC / Section 482(2) BNSS and further conditions that the petitioners surrender before the jurisdictional court within four weeks, attend it regularly, and not threaten or intimidate witnesses.ratio¶6

Detailed headnote1 paragraphs

Anticipatory bail – Section 482, Bharatiya Nagarik Suraksha Sanhita, 2023 – petitioners are the parents of the principal accused in Harishchandrapur P.S. Case No.1122 of 2025 under Sections 137(2)/140(3), BNS, 2023; two FIRs registered over the selfsame allegations; minor victim's statement before the learned Magistrate that she had eloped with the principal accused wanting to marry him; charge-sheet submitted – Held, custodial interrogation of the petitioners not required; anticipatory bail granted on a bond of Rs.10,000/- each with two sureties of like amount each (one local), subject to Section 438(2) CrPC / Section 482(2) BNSS conditions and further conditions to surrender before the jurisdictional court within four weeks, attend court regularly and not threaten or intimidate witnesses.

AD 87 April 6, 2026 Ct. 28 SG CRM(A) 680 of 2026 Allowed An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Harishchandrapur P.S. Case No.1122 of 2025 dated 18.10.2025 under Section 137(2)/140(3) of the BNS, 2023. And In the matter of: Abdul Malek @ Abdul Maleque and another … petitioners Md. Wasim Akram … for the petitioners Mr. Anand Keshari Mr. Akash Ganguly … for the State

Learned counsel for the petitioners submits that the petitioners are the parents of the principal accused. Over the selfsame allegations, two FIRs have been registered.

Learned counsel for the State opposes the prayer for anticipatory bail, relies on the statements of witnesses and submits that, in the statement of the alleged victim recorded before the learned Magistrate, the minor victim girl stated that she wanted to marry the principal accused and that is why she had eloped with him. Charge-sheet has been submitted.

Considering the above, the other materials available in the case diary, the alleged role ascribed to the present petitioners and the fact that charge-sheet has been submitted, I do not think that custodial interrogation of the petitioners is required in this case and I am inclined to grant anticipatory bail to the petitioners.

2

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.

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.)