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2026 DAILYLAW 33450 (CAL)

MD KALAM v. STATE OF WEST BENGAL AND ANR

CRM (A)/1683/2026 · 2026-08-12

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

12.08.2026 Court No.35. D/L.319. Rakib (Allowed) CRM (A) 1683 of 2026 In Re: An Application for Anticipatory Bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Serampore Police Station case no. 84 of 2026 dated 06.02.2026 under Sections 329(4)/115(2)/74/324(4)/351(2)/3(5( of the Bharatiya Nyaya Sanhita, 2023 and Sections 8 of the POCSO Act. And In the matter of : Md. Kalam. ……Petitioner. Mr. Pawan Kumar Gupta Ms. Sofia Nesar Mr. Santanu Sett .....for the Petitioner. Ms. Priti Kar Bagchi ……for the State. Learned advocate appearing for the petitioner submits that the present petitioner is innocent of the charges and because of Civil dispute the petitioner has been falsely implicated in connection with the instant case. Learned advocate for the State produces the Case Diary and refers to the statement of the two girls under Section 183 of the BNSS. I have taken into account the statements and is of the opinion that issues relating to aggression is the spirit and tenor and so far as the question of violation of privacy is concerned, the same is a debatable question. Accordingly, the prayer for anticipatory bail of the petitioner namely, Md. Kalam is allowed. As such, in the event of arrest, the petitioner shall be released on bail to the satisfaction of the Arresting Officer on such 2 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. Since, charge-sheet has already been submitted before the jurisdictional Court this order of anticipatory bail will remain in force for a period of six weeks from date. With the aforesaid observations, CRM (A) 1683 of 2026 is allowed. Memo of evidence 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.)