Calcutta High Court
CRM (A)/2147/2026 of WAHID HOSSAIN Vs STATE OF WEST BENGAL AND ANR on 1 September 2026
Sl. No. 19 Ct. No. 446 SG [ALLOWED] C. R. M. ( A ) 2147 of 2026 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Bowbazar Police Station Case No. 93/2025 dated 21.04.2025 under Sections 54/ 324(4)/ 126(2)/ 115(2)/
01.09.2026
Sl. No. 19
Ct. No. 446
SG
[ALLOWED]
C. R. M. (A) 2147 of 2026
In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Bowbazar Police Station Case No. 93/2025 dated 21.04.2025 under Sections 54/
324(4)/ 126(2)/ 115(2)/ 74/ 79/ 351(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 8/12/17 75 of the POCSO Act.
And
In Re: Wahid Hossain.
… … Petitioner
Mr. Imran Ali,
Mr. Md. Zeeshanuddin.
… for the petitioner
Mr. Rajesh Kr. Shah.
… for the State
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
1. Affidavit-of-service as filed on behalf of the petitioner is taken on record.
2. Despite service, the de facto complainant is unrepresented.
3. Mr. Ali, learned Senior Advocate appearing for the petitioner, submits that there is a long-standing enmity between the petitioner and the complainant. He submits that way back in 2015, the de facto complainant assaulted the father of the petitioner with a knife, following which the petitioner’s father suffered a stab injury over the left flank of the abdomen. He submits that, out of personal grudge, the present petitioner has been implicated in this case. He submits that the charge- sheet has been submitted and that the petitioner shall attend the Court as and when he is called upon to do so. The petitioner shall not take any step to tamper with any evidence or cause any obstruction to the trial. The petitioner is ready to comply with all the terms and conditions as may be imposed upon him in the event his prayer for pre-arrest bail is accepted.
2
4. Mr. Shah, learned Advocate appearing for the State, produces the case diary and memorandum of evidence and opposes the prayer for anticipatory bail. He submits that the petitioner is an influential person in the locality and, if the petitioner is granted the benefit under Section 482 of the BNSS, he may tamper with the evidence and may also flee.
5. Heard the learned Advocates appearing for the respective parties and perused the case diary and other materials on record. The investigation has proceeded fairly and, upon completion of the investigation, the charge-sheet has been submitted. On further consideration, it appears that the incident occurred in the presence of direct evidence. Considering all these aspects and the nature of the allegations, I am of the view that custodial interrogation of the present petitioner is not warranted and that the benefit under Section 482 of the BNSS can be extended in favour of the petitioner.
6. In view of the above, the prayer for anticipatory bail is allowed.
7. Accordingly, I direct that, in the event of arrest, the petitioner, viz. Wahid Hossain 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 learned Judge, City Session Court under POCSO Act, Calcutta and also subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
8. The application for anticipatory bail is, thus, disposed of.
(Partha Sarathi Chatterjee, J.)