Sk Belal Hosen @ Sk Belal Hossain @ Sk Belal Hossen and… — Anticipatory Bail | Calcutta HC (2026)

Sk Belal Hosen @ Sk Belal Hossain @ Sk Belal Hossen and… — Anticipatory Bail | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted to all petitioners subject to conditions: bond of Rs.10,000/- each with two sureties of like amount each (one local), Section 482(2) BNSS / Section 438(2) CrPC conditions, surrender before the jurisdictional Court within four weeks, regular attendance, no threatening or intimidating of witnesses, and stay outside Kotwali P.S. jurisdiction for four months except for attending the jurisdictional Court, meeting the Investigating Officer, or voting in the ensuing Assembly Elections.

Issue for consideration

Whether the petitioners are entitled to anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Kotwali P.S. Case No. 388 of 2025.

Court's answer

On consideration of the materials in the case diary and the fact that the charge sheet has been submitted, the court is inclined to grant anticipatory bail to the petitioners, with their movement restricted for a limited period.

Ratio / Principle

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), subject to the conditions under Section 438(2) CrPC / Section 482(2) BNSS, on condition that they surrender before the learned jurisdictional Court and pray for bail within four weeks, regularly attend the jurisdictional Court, not threaten or intimidate witnesses, and stay outside the jurisdiction of Kotwali P.S. for four months except for attending the jurisdictional Court, meeting the Investigating Officer, or casting vote in the ensuing Assembly Elections.

Key takeaways

The application for anticipatory bail is allowed.ratio¶14

Detailed headnote1 paragraphs

Anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 granted by Jay Sengupta, J. to Sk. Belal Hosen @ Sk. Belal Hossain @ Sk. Belal Hossen & Ors. in connection with Kotwali P.S. Case No. 388 of 2025 dated 22.07.2025, registered under Sections 115(2)/126(2)/117(2)/109/351(2)/324(4)/3(5) of the Bharatiya Nyaya Sanhita, 2023. Counsel for the petitioners submitted that they were falsely implicated, that allegations were made against all accused of assaulting the victim, that the charge sheet had been submitted, that there was a delay of about four days in lodging the FIR, and that no particular role was ascribed to each accused in the FIR; the State opposed the prayer, relying on the injury report and statements of the victim and local witnesses. Considering the case diary materials and the submission of the charge sheet, the court granted anticipatory bail with restricted movement: release in the event of arrest 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, surrender before the jurisdictional Court within four weeks, regular court attendance, no threatening or intimidating of witnesses, and stay outside Kotwali P.S. jurisdiction for four months except for attending the jurisdictional Court, meeting the Investigating Officer, or voting in the ensuing Assembly Elections.

17.04.2026 Court No.28 Item No.81 tbsr Allowed

CRM (A) 861 of 2026

In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Kotwali P.S. Case No. 388 of 2025 dated 22.07.2025 under Sections 115(2)/126(2)/117(2)/109/351(2)/324(4)/3(5) of the Bharatiya Nyaya Sanhita, 2023.

And

In the matter of: Sk. Belal Hosen @ Sk. Belal Hossain @ Sk. Belal Hossen & Ors.

….Petitioners.

Mr. Navanil De Ms. Monami Mukherjee …for the petitioners.

Mr. Saibal Bapuli, ld. APP Mr. Arani Bhattacharyya …..for the State.

Learned counsel appearing on behalf of the petitioners submits as follows. The petitioners have been falsely implicated in this case. Allegations have been made against all the accused of assaulting the victim. Charge sheet has been submitted. There was a delay of about four days in lodging the FIR. In the FIR no particular role has been ascribed to each of the accused.

Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. He relies on the injury report and the statements of the victim and other local witnesses.

Considering the above, the other materials available in the case diary and the fact that charge sheet has been submitted, although I am inclined to grant anticipatory bail to the petitioners, their movement shall remain restricted for a limited period.

2

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 condition that the petitioners shall surrender before the learned jurisdictional Court and pray for bail within four weeks from this date and regularly attend the jurisdictional Court and shall not threaten or intimidate witnesses and shall stay outside the jurisdiction of Kotwali P.S. for a period of four months except for attending the jurisdictional Court or meeting the Investigating Officer or casting vote in the ensuing Assembly Elections.

The application for anticipatory bail is, thus, allowed.

Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for.

(Jay Sengupta, J.)