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2026 DAILYLAW 34711 (CAL)

JAHANUR HOSSAIN AND ORS v. THE STATE OF WEST BENGAL AND ANR

CRM(A)/656/2026 · 2026-08-20

Arijit Banerjee

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

20.08.2026 Item no. 22. Court No.11. AB (Allowed) Calcutta High Court In the Circuit Bench at Jalpaiguri CRM (A) 656 of 2026 In Re: An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure, 1973/Under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Dinhata Police Station Case No.67 of 2026 Dated 21.05.2026 under Sections 329(4)/324(4)/115(2)/64/3(5) of the B.N.S. 2023 And In the matter of : Jahanur Hossain & Others ……Petitioners. Mr. Sudip Guha, Ms. Sayantani Das Ms. Ankita Nag ……for the Petitioners. Ms. Panchali Deb Sikder (Nag) Ms. Ruchika Agarwala Ms. Rajyashree Ghosh ……for the State. 1. The petitioners say that they have been falsely implicated. There are 28 FIR named accused persons. 7 of them have already been granted anticipatory bail. The alleged incident of rape occurred two years before filing of the written complaint. In fact, the false complaint has been prompted by alleged cutting of trees by the accused persons on the land of the defacto complainant. 2. Learned State Counsel opposes the prayer for anticipatory bail. 3. I have seen the material in the case diary including the First Information Report and the statements of witnesses. It is true that the letter of complaint mentions 2 about rape of the defacto complainant’s daughter two years ago. 4. On an overall assessment of the facts and circumstances of the case and considering the extent of complicity of the petitioners in the alleged crime, I am of the view that immediate custodial interrogation of the petitioners may not be necessary so long as the petitioners cooperate with the Investigating Officer fully. 5. Accordingly, in the event of arrest, the petitioners, namely Jahanur Hossain, Jahurul Haque, Amzad Hossain, Apajauddin Miah shall be released on bail upon furnishing a bond of Rs.10,000/-each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer and shall abide by the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973/Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 until further orders and on further condition that they shall report to the Investigating Officer within three days from date and as and when called for, until further orders. 6. 6. In case the petitioners fail to adhere to any of the conditions mentioned in Section 438(2) of the Code of Criminal Procedure, 1973/Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the learned Court below shall be entitled to cancel the anticipatory bail without further reference to this Court. 7. CRM (A) 656 of 2026 stands disposed of. 3 8. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Arijit Banerjee, J.)