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Calcutta High CourtCRM(A)/870/2025allowed

Amzad Hossain v. The State Of West Bengal And ANR.

2026-01-08Hon'Ble Justice Tirthankar Ghosh2 pages

08.01.2026 Item no. 06.

Court No.3.

Rakib (Allowed) In the High Court at Calcutta Circuit Bench at Jalpaiguri Criminal Miscellaneous Jurisdiction CRM (A) 870 of 2025 In Re: An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure, 1973/Under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with (Cooch Behar) Kotwali Women Police Station Case No. 201 of 2025 dated 15.09.2025 under Sections 329(4)/64(1)/351(2) of the Bharatiya Nyaya Sanhita, 2023.

And In the matter of : Amzad Hossain.

......Petitioner.

Mr. Mayank Bhandari ......for the Petitioner.

Mr. Ujjwal Ludsom Mr. Sagnik Sankar Sikdar ......for the State.

Pursuant to the earlier direction the learned advocate for the State has produced the Case Diary of Sadar (Cooch Behar) Women Police Station case no. 105 of 2025 dated 04.06.2025. I have taken into account the materials appearing in the said Case Diary as also the materials appearing in the present case in connection with (Cooch Behar) Kotwali Women Police Station case no. 201 of 2025.

Having considered the materials which have been collected in connection with the present case and on an assessment of both the Case Diaries, I am of the view that custodial detention is not warranted in the facts and circumstances of the present case.

Accordingly, the prayer for anticipatory bail of the petitioner is allowed.

As such, I direct that in the event of arrest, the petitioner be released on bail upon furnishing a 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 investigating officer/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.

As the investigation of the case is in progress, the petitioner shall meet with the investigating officer once in a fortnight till the charge-sheet is furnished before the learned jurisdictional Court.

With the aforesaid observations CRM (A) 870 of 2025 is allowed.

Report submitted by the State be kept with the record. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)