07.07.2026 Court No.28 Item No. 59 tbsr Allowed CRM (A) 1500 of 2026 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Harirampur P.S. Case No.45 of 2026 dated 14.02.2026 under Sections 115(2)/76/77/64 of the BNS, 2023 read with Section 62/351(2) of the BNS. And In the matter of: Md. Hajibulla ….Petitioner. Mr. A. K. Chakraborty Mr. S. K. Bhattacharyya ….for the petitioner. Mr. Mazhar Hossain Chowdhury ….for the de facto complainant. Mr. Suman Chakraborty ….for the State. Learned counsel for the petitioner submits as follows. The petitioner has been falsely implicated in this case. The date of the present FIR is 14.02.2026. Actually on that day, the petitioner was assaulted by the other side. His hand was fractured for which he had remained hospitalized. He could lodge his FIR only on 19.02.2026. Learned counsel appearing on behalf of the de fact compliant strongly opposes the prayer for anticipatory bail. He submits that there was a clear attempt to rape the victim. When the relatives and the local people heard about the hue and cry, the petitioner fled away. Learned counsel appearing on behalf of the State relies on the case diary and opposes the prayer for anticipatory bail. He refers to the statement of the victim recorded before the learned Magistrate. 2 According to the statement, the victim had refused the indecent proposal of the petitioner earlier. On the fateful night he forcibly came into her room and tried to rape her. He took objectionable photographs of the alleged victim and started threatening her. When the victim and the children cried out, he fled away. There is no statement of any child available in the case diary. The independent local witnesses state that they are heard about incident after going to the place. Considering the above, the other materials available in the case diary, and the fact that there are cases filed by the both sides, although I am inclined to grant anticipatory bail to the petitioner, his movement shall remain restricted for a limited period. 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 surrender before the learned jurisdictional Court within four weeks from this date and pray for bail and shall regularly attend the jurisdictional Court and shall not threaten or intimidate witnesses and shall stay outside the jurisdiction of Harirampur Police Station for a period of two months except for meeting the I.O. or attending the jurisdictional Court. The application for anticipatory bail is, thus, allowed. 3 Urgent photostat certified copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all formalities. (Jay Sengupta, J.)