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Calcutta High CourtCRM (A)/802/2026allowed

Md Washim Akram @ Wasim Akram v. State Of West Bengal And ANR

2026-04-21Hon'Ble Justice Jay Sengupta2 pages

21.04.2026 Court No.28 Item No.64 ssi CRM (A) 802 of 2026 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita in connection with Kaliachak Police Station Case No. 2128 of 2025 dated 30.12.2025 under Sections 137 (2)/ 64 of the BNS 2023 and under Section 4 of the POCSO Act.

And In the matter of: Md Washim Akram @ Wasim Akram .... Petitioner Mr. Sagar Saha Ms. Nayana Mukhopadhyay ...for the petitioner Mr. Imran Ali Mr. Akash Ganguly ..for the State Mr. Dhanaj Banerjee Mr. Agniswar Chowhury Mr. Partha Sarathi Mitra ...for the de facto Report filed on behalf of the State is taken on record. Learned counsel appearing on behalf of the petitioner submits that there was a romantic relationship between the petitioner and the alleged victim. The petitioner has been falsely implicated in this case. Learned counsel appearing on behalf of the de facto complainant/father of the victim opposes the prayer for anticipatory bail. He submits that the petitioner, being a private tutor, took advantage of his position and control over the student and sexually exploited the victim.

Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. He relies on the statement of the victim recorded before the learned Magistrate, the statements of other witnesses and the medical report. In her statement before the learned

Magistrate, while giving the details of the facts, the victim stated about a proposal of marriage.

Considering the above and the other materials available in the case diary, 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 conditions that the petitioner shall surrender before the learned jurisdictional Court and pray for bail within four weeks from this date. The petitioner shall not threaten or intimidate the witnesses. The application for anticipatory bail is, thus, disposed of. Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible. (Jay Sengupta, J.)