Allowed¶12

Afiur Rahaman @ Atiur Rahaman @ Apel v. State of West Bengal and Anr.

Calcutta HC16 Apr 2026CRM (A)/717/2026

Case brief

AI extract

What is this about?

Anticipatory bail allowed under S.482 BNSS 2023; CRM(A) 717 of 2026; Chanchal P.S. Case No.217 of 2022 dated 05.03.2022; Ss.417/376 IPC; promise-to-marry allegation; victim refused medical examination; charge-sheet submitted; bond Rs.10,000/- with two sureties (one local); surrender within four weeks; conditions of S.438(2) CrPC 1973 / S.482(2) BNSS 2023; Jay Sengupta, J.; decided April 16, 2026.

What did the court decide?

Anticipatory bail granted: on arrest, release on a bond of Rs.10,000/- with two sureties of like amount each (one local), subject to Section 438(2) CrPC 1973 / Section 482(2) BNSS 2023 conditions, surrender before the jurisdictional court within four weeks, regular attendance, and no threatening or intimidation of witnesses. ¶12

Afiur Rahaman @ Atiur Rahaman @ Apel Vs State of West… — Anticipatory Bail | Calcutta HC (2026)

What the court decided

AI extract

Outcome

¶12

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 Chanchal P.S. Case No.217 of 2022 dated 05.03.2022 under Sections 417/376 of the IPC.

¶4

Court's answer

Considering the other materials available in the case diary, the existence of some relationship between the petitioner and the alleged victim for a considerable length of time, the victim's refusal to undergo medical examination and the submission of a charge-sheet, the Single Judge was inclined to grant anticipatory bail to the petitioner.

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Ratio / Principle

In the event of arrest, the petitioner is to 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), subject to the conditions 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 petitioner shall surrender before the jurisdictional court within four weeks, attend the jurisdictional court regularly, and shall not threaten or intimidate witnesses.

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Detailed headnote1 paragraphs

Allowed — Anticipatory bail under Section 482, Bharatiya Nagarik Suraksha Sanhita, 2023 granted to Afiur Rahaman @ Atiur Rahaman @ Apel in connection with Chanchal P.S. Case No.217 of 2022 dated 05.03.2022 (Sections 417/376 IPC). Considering the materials in the case diary, the existence of some relationship between the petitioner and the alleged victim for a considerable length of time, the victim's refusal to undergo medical examination and the submission of a charge-sheet, Jay Sengupta, J. directed that, in the event of arrest, the petitioner be released on a bond of Rs.10,000/- with two sureties of like amount each (one local), subject to Section 438(2) CrPC 1973 / Section 482(2) BNSS 2023 conditions, and on further conditions of surrender before the jurisdictional court within four weeks, regular attendance, and abstention from threatening or intimidating witnesses.

¶1

AD 65 April 16, 2026 Ct. 28 SG

¶2

CRM(A) 717 of 2026

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Allowed

¶4

An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Chanchal P.S. Case No.217 of 2022 dated 05.03.2022 under Sections 417/376 of the IPC. And In the matter of: Afiur Rahaman @ Atiur Rahaman @ Apel … petitioner Md. Wasim Akram … for the petitioner Mr. B.K. Roy, Sr. Adv. Mr. A. Bhattacharya … for the State

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Report filed by the State is taken on record.

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Despite service no one appears on behalf of the de facto complainant.

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Learned counsel for the petitioner submits that there was a romantic relationship between the petitioner and the alleged victim. After the relationship turned sour, a criminal case was started. Presently, both the petitioner and the alleged victim are married with their respective spouses.

¶8

Learned counsel for the State opposes the prayer for anticipatory bail and relies on the statement of the victim recorded before the learned Magistrate and the statements of other witnesses. As per the victim, there was a promise to marry which led to physical relationship between the two. They went to different places including hotels. However, the victim refused to undergo medical examination.

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Considering the above, the other materials available in the case diary, the fact that there was some kind of relationship between the two for a considerable length of time, that the victim refused to undergo medical examination and that a charge-sheet has been submitted, I am inclined to grant anticipatory bail to the petitioner.

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In the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (rupees ten thousand) 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 petitioner 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.

¶12

The application for anticipatory bail is, thus, allowed.

¶13

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of requisite formalities.

¶14

(Jay Sengupta, J.)

Afiur Rahaman @ Atiur Rahaman @ Apel v. State of West Bengal and Anr.

Case brief

What is this about?

What did the court decide?

Afiur Rahaman @ Atiur Rahaman @ Apel v. State of West Bengal and Anr.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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Statutes considered

Procedural history

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