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2026 DAILYLAW 28970 (CAL)

KALAM MIA v. STATE OF WEST BENGAL AND ANR

CRM (A)/1754/2026 · 2026-07-20

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

D/L927 20.07.2026 Bpg. Allowed C.R.M. (A) 1754 of 2026 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with English Bazar Police Station Case No.764 of 2026 dated 13.5.2026 under Sections 64/351(2) of the Bharatiya Nyaya Sanhita, 2023; Kalam Mia Versus The State of West Bengal & Anr Mr. Biswajit Tiwari Md. Sontu Mia Ms. Alisha Parvin Ms. Masuma Khatun Md. Aziz Al Aman. …for the petitioner. Mr. Subrata Mukherjee Mr. Sanjib Das. …for the State. Learned advocate appearing for the petitioner submits that the petitioner and the victim both were major and were able to understand the consequences of their act and action. The relationship was consensual according to the petitioner. Learned advocate for the State opposes the prayer for anticipatory bail and produces the case diary. I have taken into account the statement of the victim as also the landlady. Having considered the same, I am of the view that custodial interrogation of the present petitioner may not be warranted in the facts of the present case. As such, the prayer for 2 anticipatory bail of the petitioner is allowed. Accordingly, in the event of arrest, the petitioner, namely, Kalam Mia shall be released on bail 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 corresponding to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. As the investigation of the case is still in progress, petitioner shall make himself available as and when called for by the investigating agency. Accordingly, CRM(A)1754 of 2026 is allowed. All 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 supplied to the parties upon compliance of all requisite formalities. (Tirthankar Ghosh, J.)