Calcutta High Court
CRM (A)/2294/2026 of SADDAM BEG @ SADDAM HASAN BEG @ SADDAM HOSSAIN BEG Vs STATE OF WEST BENGAL on 31 August 2026
Ct. No. 446 Sl. No.27 akd [Rejected] C. R. M. ( A ) 2294 of 2026 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 438 of the Code of Civil Procedure, 1973) filed on 09.07.2026 in connection with Usthi Police
31.08.2026
Ct. No. 446
Sl. No.27
akd
[Rejected]
C. R. M. (A) 2294 of 2026
In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 438 of the Code of Civil Procedure, 1973) filed on 09.07.2026 in connection with Usthi Police Station Case No. 317 of 2022 dated 30.07.2022 under Sections 363/365 of the Indian Penal Code. (G.R.
Case No. 2450 of 2022)
And
In Re: Saddam Beg @ Saddam Hasan Beg @ Saddam Hossain Beg
… … Petitioner
Md. Shamimuddin
Sk. Samiul Haque
… … for the petitioner
Mr. Prosenjit Ghosh
… … for the State
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1. This is an application for anticipatory bail filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Usthi Police Station Case No. 317 of 2022 dated 30.07.2022 under Sections 363/365 of the Indian Penal Code.
2. Learned Advocate appearing for the petitioner submits that the present petitioner has been falsely implicated in the instant case. A girl aged about 17½ years went missing from the locality where the petitioner resides. He further submits that subsequently, the body of the said girl was recovered. Post-mortem examination was conducted. Investigation is in progress. In such circumstances, according to him, custodial interrogation of the present petitioner is not necessary and he may be granted pre-arrest bail.
3. Mr. Ghosh, learned Advocate appearing for the State/respondents, produces the Memo of Evidence as well as the case diary and vehemently opposes the prayer for anticipatory bail of the petitioner on the basis of the materials available therein.
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4. The Memo of Evidence filed in Court today is taken on record.
5. Heard the learned Advocates appearing for both the parties and perused the case diary as well as the other materials on record including the Memo of Evidence and post mortem report.
6. The present case was initially started under Sections 363/315 of the Indian Penal Code. Subsequently, Section 302 of the IPC was added to the array of offences. The post-mortem report indicates that the death was caused due to strangulation, which is ante-mortem and homicidal in nature. Therefore, I am of the opinion that, in the present case, it would not be apposite to hold that custodial interrogation of the petitioner is not necessary and, as such, it is not a fit case to grant him pre-arrest bail.
7. Accordingly, the prayer for anticipatory bail of the petitioner stands rejected.
8. The application for anticipatory bail is, thus, disposed of.
(Partha Sarathi Chatterjee, J.)