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Calcutta High CourtCRM (A)/120/2026rejected

Hrishikesh Sahu v. State Of West Bengal

2026-03-05Hon'Ble Justice Jay Sengupta2 pages

AD 21 March 5, 2026 Ct. 28 SG CRM(A) 120 of 2026 Reject An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Rampurhat P.S. Case No.560 of 2025 dated 07.10.2025 under Sections 85/117(2)/89/351(2) of the BNS and Section 4 of the DP Act.

And In the matter of: Hrishikesh Sahu ... petitioner Mr. Mujibar Ali Naskar Md. Abdul Alim ... for the petitioner Mr. Saumik Ganguly Mr. Tirupati Mukherjee ... for the State Report filed by the State is taken on record. Learned counsel for the petitioner submits that the petitioner is the husband of the de facto complainant. The marriage took place in 2022. In December, 2024, the victim suffered termination of pregnancy. Surprisingly, on 26.08.2025. the victim's father died. The present FIR was lodged on 07.10.2025. Incidentally, the victim committed suicide at her own paternal home in January, 2026. The petitioner has been falsely implicated in this case. On the question of forcible termination of pregnancy, there was a consent form signed by the victim. Actually, the victim/wife was suffering from psychiatric problems, but the brother of the wife did not allow her to be treated at the hospital.

Learned counsel for the State opposes the prayer for anticipatory bail, refers to the medical papers and submits that there is a history of fall recorded in the medical papers. It is a different thing that subsequently in the procedure for termination of pregnancy, there was a consent form signed by the victim. Moreover, there are statements of neighbours who support the prosecution case.

Considering the above, the other incriminating materials available in the case diary and the alleged role ascribed to the petitioner, I do not consider this to be a fit case for granting anticipatory bail.

The application for anticipatory bail is, thus, rejected. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of requisite formalities.

[ (Jay Sengupta, J.)