27.08.2026 Item No. 07 Ct. No. 39 C.R.M.(A) 2018 of 2026 AN (ALLOWED) In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Englishbazar Police Station Case No. 2200 of 2025 dated 09.10.2025 under Sections 108/3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 6/17 of the POCSO Act, 2012 as added Section corresponding to Pre- trial Case No. 1721 of 2025 now pending before the learned Judge, Special Court, Malda cum Additional District and Sessions Judge, 2nd Court, Malda. In the matter of : Noor Hossain @ Nur Hossain & Ors. … Petitioners. Ms. Sujata Das …for the Petitioners. Ms. Koel Mukherjee …for the State. 1. Learned advocate appearing for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. Petitioner no. 1 is the father, petitioner no. 2 is the mother, petitioner no. 3 is the grand father and petitioner no. 4 is the grand mother of the principal accused, who is a minor and his bail was granted by the Juvenile Justice Board. 2. It is further submitted that three different cases have been registered against the principal accused and later in present case, all these petitioners have been falsely implicated though they are in no way connected with the offence as alleged. Learned advocate prays for anticipatory bail for the petitioners on any terms and conditions. 2 3. The de-facto complainant represents by learned counsel and opposes the prayer for anticipatory bail for the petitioners. 4. On the other hand, learned advocate representing the State produces the case diary, the memo of evidence and relies on the report furnished by the S.I., Englishbazar P.S., Malda dated 26th August, 2026 and opposes the prayer for anticipatory bail of the petitioners. 5. Having heard the learned advocates for the respective parties and upon perusing the materials available on record, the case diary including report submitted by the State, this Court finds that in three occasions three different cases have been registered on the similar issue against the principal accused, who is a minor and there was love affair between the principal accused and the victim girl. She committed suicide by hanging herself. Charge sheet has also been submitted. No other injuries found on her person in the post mortem report submitted by the State. 6. Considering the overall facts, this Court does not find any necessity for custodial interrogation/detention of the present petitioners and thinks it fit to allow the petitioners anticipatory bail. 7. Hence, prayer for anticipatory bail in favour of all the petitioners are considered and thus allowed on the following conditions. 3 8. Accordingly, in the event of arrest, all the petitioners shall be released on bail upon furnishing a bond of Rs. 10,000/- (Rupees ten thousand only), with two sureties of like amount each, to the satisfaction of the Learned Judge, Special Court, Malda –cum- Additional District & Sessions Judge, 2nd Court, Malda and also be subject to the conditions as laid down under Section 438(2) of the Criminal Procedure Code corresponding to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. 9. In the event the petitioners fail to comply with the conditions as imposed by this Court, the prosecution shall be at liberty to pray for cancellation of the anticipatory bail granted by this Court in accordance with law. 10. C.R.M.(A) 2018 of 2026 stands disposed of. 11. All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court. 12. The concerned Department is directed to supply urgent certified Photostat copy of this order to the parties, if applied for, upon compliance of all necessary formalities. (Ajay Kumar Gupta, J.)