Calcutta High CourtCRM(A)/1000/2025allowed

Amir Hussain@Amir Ali@Amir Hossain v. The State Of West Bengal

2026-01-06Hon'Ble Justice Tirthankar Ghosh2 pages

06.01.2026

IN THE HIGH COURT AT CALCUTTA

Item No.70 CIRCUIT BENCH AT JALPAIGURI Ct.No.3 dc.

Allowed C.R.M. (A) 1000 of 2025 In Re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973/Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Maynaguri Police Station Case No. 548 of 2025 dated 27.10.2025 under Sections 85/115(2)/324(4)/109/3(5) of the Bharatiya Nyaya Sanhita, 2023.

And In Re :

Amir Hussain @ Amir Ali @ Amir Hossain ... Petitioner.

Mr. Sudip Guha ... For the Petitioner.

Mr. A. S. Chakraborty, APP, Mr. Aniruddha Biswas ... For the State.

Learned advocate appearing for the petitioner submits that the petitioner is the husband of the de facto complainant and has been implicated in connection with the instant case. It has also been contended that the marriage was solemnized three months ago and the accusations so far as assault is concerned, is without any foundation. Learned advocate appearing for the State has produced the case diary.

Except the statement recorded under Section 161 of the Code of Criminal Procedure, the medical report or any injury report is not available in the case diary. Having considered the nature of the accusations, I am of the view that custodial detention of the present petitioner may not be

warranted in connection with the instant case. As such, the prayer for anticipatory bail of the petitioner is allowed. In the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.20,000/-, with two sureties of Rs.10,000/- 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 Bharatiya Nagarik Suraksha Sanhita, 2023. The petitioner shall on and from 10th January, 2026 meet with the Investigating Officer of the case once a week till the charge-sheet is submitted before the jurisdictional court. The application for anticipatory bail, being CRM(A) 1000 of 2025, is, thus, disposed of.

All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)