Saidul Mia@Saidul Islam v. The State Of West Bengal

AD 36 IN THE HIGH COURT AT CALCUTTA March 23, 2026 Circuit Bench at Jalpaiguri Ct. 6 Criminal Miscellaneous Jurisdiction SG CRM(A) 187 of 2026 Allowed An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Sitai P.S. Case No.201 of 2025 dated 01.09.2025 under Sections 85/115(2)/117(2)/82(1)/109/3(5) of the BNS. And In the matter of: Saidul Mia @ Saidul Islam ... petitioner Mr. D. Kudu Ms. R. Ghosh ... for the petitioner Mr. Abhijit Sarkar Mr. Chinmoy Roy ... for the State Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. The couple got married 12 years ago. It was only after the petitioner got married for the second time that such allegations were levelled.

Learned counsel for the State opposes the prayer for anticipatory bail, relies on the statement of the victim recorded before the learned Magistrate and the statements of witnesses and refers to the injury report which, however, does not show infliction of any grievous injury. Considering the above and the other materials available in the case diary, 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/- (rupees ten thousand) 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 the further conditions that the petitioner shall cooperate with the investigation, shall meet the investigating officer twice a week till submission of report in final form and shall not threaten or intimidate witnesses.

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

(Jay Sengupta, J.)