Calcutta High CourtCRM(A)/17/2026allowed

Saiful Haque v. The State Of West Bengal

2026-01-09Hon'Ble Justice Tirthankar Ghosh3 pages

09.01.2026 Serial no. 32 [G.S.D] CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

CRM (A) 17 of 2026 In re : An Application under Section 482 of the BNSS, 2023/under Section 438 of the Cr.P.C. in connection with PTN No. WBJP02P006511 of 2025 arising out of Jalpaiguri Women PS Case No.

of dated 30.10.2025 u/s 85/64/115(2)/109/351(2) of the BNS, 2023 read with Sections 3/4 of the DP Act.

-AndIn the matter of : Saiful Haque ... Petitioner(s) Mr. P. K. Deb Mr. Anirban Banerjee ... for the petitioner(s) Mr. Ujjwal Luksom Mr. Bhaskar Das ... for the State-respondent(s) Learned advocate for the petitioner submits that the petitioner being the husband has been implicated in connection with the instant case because of regular trivial marital disputes.

Additionally, it has been submitted that charge-sheet has already been submitted in connection with the instant case.

Learned advocate for the State submits that chargesheet has been submitted under Sections 85/115(2)/351(2) of the BNS and Section 3/4 of the DP Act.

Having considered the fact that charge-sheet has been submitted in the instant case and taking into account the totality of the circumstances, I am of the view that custodial detention of the present petitioner is unwarranted. Hence, the prayer for anticipatory bail of the petitioner is Allowed.

Accordingly, I direct that in the event of arrest, the petitioner be released on bail upon furnishing bond of Rs.20,000/-(Rupees Twenty Thousand only), with two sureties of Rs.10,000/- (Rupees Ten Thousand only) each, one of whom must be local, to the satisfaction of the arresting officer of the case and also subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and/or under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Accordingly, CRM(A) 17 of 2026 is disposed of. Pending application(s), if any, is also disposed of. Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)