Petitioner Vs State of West Bengal and Anr. — Anticipatory Bail | Calcutta HC (2026)

Petitioner Vs State of West Bengal and Anr. — Anticipatory Bail | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail allowed; in the event of arrest, release on bail on a bond of Rs.10,000/- with two sureties of like amount each (one local), subject to Section 482(2) BNSS conditions, surrender before the learned jurisdictional Court within four weeks, regular attendance, and no threatening or intimidation of witnesses.

Issue for consideration

Whether the petitioner is entitled to anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Salar P.S. Case No. 38 of 2026 under Sections 69/351(3) of the BNS, 2023.

Court's answer

Considering the case diary materials, the fact that the alleged victim had refused to undergo medical examination, and that the charge sheet has been submitted, custodial interrogation of the petitioner is not required and anticipatory bail is granted.

Ratio / Principle

In the event of arrest, the petitioner is to be released on bail on furnishing a bond of Rs.10,000/- with two sureties of like amount each (one of whom must be local), subject to the conditions under Section 482(2) of the BNSS, 2023 (corresponding to Section 438(2) of the Code of Criminal Procedure, 1973), and on further conditions that the petitioner shall surrender before the learned jurisdictional Court within four weeks, regularly attend that Court, and shall not threaten or intimidate witnesses.

Detailed headnote1 paragraphs

Anticipatory bail — Section 482, Bharatiya Nagarik Suraksha Sanhita, 2023 — application in connection with Salar P.S. Case No. 38 of 2026 dated 20.02.2026 under Sections 69/351(3), BNS, 2023 — alleged relationship between petitioner and de facto complainant; FIR lodged after the relationship soured, with a delay of about 35 days — victim's statement recorded before the learned Magistrate relied on by the State; victim refused to undergo medical examination — charge sheet submitted — held, custodial interrogation of the petitioner not required; anticipatory bail granted — release in the event of arrest on a bond of Rs.10,000/- with two sureties of like amount each, one local, subject to conditions under Section 482(2) BNSS corresponding to Section 438(2) CrPC — petitioner directed to surrender before the learned jurisdictional Court within four weeks, regularly attend, and not threaten or intimidate witnesses.

12.05.2026 Court No.28 Item No. 133 tbsr Allowed

CRM (A) 994 of 2026

In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Salar P.S. Case No. 38 of 2026 dated 20.02.2026 under Sections 69/351(3) of the BNS, 2023.

And

In the matter of: XXXX

….Petitioner.

Mr. Ali Ahsan Alamgir Mr. Salauddin Ahamed Ms. June Modak

…for the petitioner

Mr. Somnath Adhikary …. For the State

Affidavit of service filed on behalf of the petitioner is taken on record and kept in a sealed cover.

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

Learned counsel appearing on behalf of the petitioner submits as follows. There was an alleged relationship between the petitioner and the de facto complainant. When the relationship soured, the present FIR was lodged. In fact, there is a delay of about 35 days in lodging the FIR.

Learned Amicus assisting the State relies on the case diary and opposes the prayer for anticipatory bail. He relies on the statement of the victim recorded before the learned Magistrate and the other statements and materials available in the case diary. As per the statement of the victim, there was a relationship between the two for

2

about two years, but the petitioner refused to marry the victim. The victim refused to undergo medical examination.

Considering the above, the other materials available in the case diary, the fact that the alleged victim had refused to undergo medical examination and that charge sheet has been submitted, I do not think that custodial interrogation of the petitioner is required in this case and I am inclined to grant anticipatory bail to the petitioner.

In the event of arrest, the petitioner shall 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, 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 petitioner shall surrender before the learned jurisdictional Court within four weeks from this date and pray for bail and shall regularly attend the jurisdictional Court and shall not threaten or intimidate witnesses.

The application for anticipatory bail is, thus, allowed.

Urgent photostat certified copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all formalities.

(Jay Sengupta, J.)