Calcutta High CourtCRM(A)/646/2025allowed

Ajijul Rahaman @ Hoque And ANR. v. The State Of West Bengal

2025-09-09Hon'Ble Justice Dinesh Kumar Sharma3 pages

09.09.2025 SL No.29 Ct. No.03 Sudipta Allowed Calcutta High Court In The Circuit Bench at Jalpaiguri CRM (A) 646 of 2025 In Re: An application for Anticipatory Bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Kotwali (Coochbehar) Police Station Case No. 279 of 2025 dated 18.03.2025 under Sections 137(2) / 140(3) of the BNS, 2023.

And In Re : Ajijul Rahaman @ Hoque @ Anr.

......Petitioner For the Petitioner :

Mr. Subhasish Mistra Mr. Satyajit Paul ......Advocates For the State :

Mr. Saikat Chatterjee Mr. Chattu Roy .....Advocates

1. Learned counsel for the petitioners submits that the petitioners are mother and father of principal accused Ali Hossain. Learned counsel submits that Ali Hossain is in custody. It has been submitted that Ali Hossain is major and the present petitioner had no role in the present offence.

2. Learned counsel for the State has opposed the anticipatory bail application on the ground that the alleged offence is serious in nature.

3. It is an admitted fact that Ali Hossain who is the principal accused is a major. The victim is stated to be around 17 years of age. The principal accused is in custody.

4. Thus, taking into account the facts and circumstances, this Court considers that the petitioners are entitled to anticipatory bail.

5. Accordingly, the prayer for anticipatory bail is allowed.

6. In the event of arrest, the petitioners be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand) each 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 Cr.P.C., 1973 corresponding to Section 482(2) of the BNSS, 2023 and on further conditions that the petitioners shall not threaten or intimidate or tamper with the evidences in any manner whatsoever and the petitioners shall join the investigation as and when directed by the Investigating Officer.

7. CRM (A) 646 of 2025 is disposed of.

8. Urgent Photostat certified copy of this order, if applied for, be given to the parties upon compliance of all necessary formalities.

( Dinesh Kumar Sharma, J. )