31.07.2026 IN THE HIGH COURT AT CALCUTTA Item No.49 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc. Allowed C.R.M. (A) 1655 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. 744 of 2026 dated 11.05.2026 under Sections 69/115(2)/ 351(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023. And In Re : Md. Riaj Momin @ Riaj Momin and others ... Petitioners. Ms. Minoti Gomes, Mr. Dhananjay Banerjee, Mr. Kausik Biswas, Mr. Mahiul Islam ... For the Petitioners. Mr. Soumya Raha ... For the State. Report submitted by the learned advocate appearing for the State along with the acknowledgement of the private opposite party no.2/de facto complainant be kept with the record. Learned advocate appearing for the petitioners submits that the petitioners have been falsely implicated in connection with the instant case, although the petitioners submit that the victim was able to understand the consequences and because of a break up of relationship, only on exaggerated statement, the present case has been initiated. Learned advocate appearing for the State, on the other hand, opposes the prayer for anticipatory bail and draws the attention of the Court to the statement of the victim recorded under Section 183 of the BNSS. 2 I have taken into account the statement of the victim. There are accusations of cohabitation along with obscene material being circulated by the accused. Records also reflect that the lady refused medico-legal examination. So far as the circulation of obscene material is concerned, there has been no seizure by the investigating agency. Having regard to the totality of the circumstances of the case, I am of the opinion that though a case has been made out for investigation, but custodial detention of the present petitioners in connection with the instant case is unwarranted. As such, the prayer for anticipatory bail of the petitioners is allowed. Accordingly, in the event of arrest, the petitioners viz., 1. Md. Riaj Momin @ Riaj Momin, 2. Bulu Momin and 3. Rumi Bibi @ Rubi Thakur shall be released on bail to the satisfaction of the Arresting Officer on such terms and conditions as he deems fit and proper 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. As the investigation of the case is still in progress, the petitioner nos. 1 and 2, within a period of ten days, shall make themselves available before the Investigating Officer of the case and thereafter, the Investigating Officer of the case, if required, would fix subsequent dates for presence of the petitioner nos. 1 and 2 for the sake of investigation. So far as the petitioner no.3 is concerned, she should make herself available as and when informed by the Investigating Officer of the case. 3 Memo of Evidence submitted by the learned advocate appearing for the State be kept with the record. The application for anticipatory bail, being CRM (A) 1655 of 2026, 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 supplied to the parties upon compliance with all requisite formalities. (Tirthankar Ghosh, J.)