Calcutta High Court

CRM(A)/545/2026 of MD.WARIS @ WARISH MOHAMMAD AND ORS Vs THE STATE OF WEST BENGAL AND ANR on 28 July 2026

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Court No.11 (GB) Calcutta High Court In the Circuit Bench at

28.07.2026

Item No.19

Court No.11

(GB)

Calcutta High Court

In the Circuit Bench at Jalpaiguri

CRM (A) 545 of 2026

In Re: - An application for anticipatory bail under section 482 of the B.N.S.S. 2023, in connection with Pradhan Nagar Police Station Case No.461 of 2026 dated 29.06.2026 under Sections 69/351(2)(3)/61(2) of Bharatiya Nyaya Sanhita, 2023.

And

In the matter of: Md. Waris @ Warish Mohammad & Ors.

….Petitioners.

Mr. Hillol Saha Podder,

Ms. Mousumi Das

…for the Petitioners.

Mr. Avrojyoti Das, Ld. APP.,

Mr. Kallal Ghosh,

Mr. Partha Pratim Sarkar

… for the State.

Mr. Subham Chanda,

Ms. Avisikta Das

… for the De facto complainant.

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1. The petitioner prays for pre-arrest bail in connection with Pradhan Nagar Police Station Case No.461 of 2026 dated 29.06.2026 under Sections 69/351(2)(3)/61(2) of Bharatiya Nyaya Sanhita, 2023, on the ground that the victim was an adult and the relation between the petitioner no.1 and the victim was a consensual love relationship. Thus, the allegation of physical assault was false.

2. The learned advocate for the State opposes the prayer for anticipatory bail and produces the case diary.

3. Considered the medical report. It appears that the victim has refused medical examination. Considered the statement of the witnesses.

4. Accordingly, I direct that 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 subject to the conditions as

2 laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 corresponding to Section 438(2) of the Code of Criminal Procedure. The further condition is that the petitioner no.1 and petitioner no.3 shall meet the Investigating Officer once a week until further orders and the petitioner no.2 shall cooperate with the investigation. The petitioners shall not leave the jurisdiction of the concerned police station.

5. In case the petitioners fail to adhere to any of the conditions as stated above, anticipatory bail stands automatically cancelled without further reference to this Court.

6. The application for anticipatory bail, being CRM (A) 545 of 2026 is allowed and disposed of.

7. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Shampa Sarkar, J.)

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