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2026 DAILYLAW 36622 (CAL)

MOJAMMEL HAQUE @ MOJAMMOL HOQUE @ MOZAMMEL HAQUE AND ANR. v. STATE OF WEST BENGAL

CRM (A)/2427/2026 · 2026-08-28

Md Shabbar Rashidi

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

28.08.2026 Serial no. 2 Anticipatory Bail [Allowed] Dd In the High Court at Calcutta Criminal Miscellaneous Jurisdictional Appellate Side CRM (A)/2427/2026 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Raiganj Police Station Case No. 563 of 2026 dated 06.06.2026 under Sections 115(2)/127/108/3(5) of the Bharatiya Nyaya Sanhita, 2023 (GR Case No. 1389/ 2026) pending before Ld. Chief Judicial Magistrate, Uttar Dinajpur. -And- In the matter of : MOJAMMEL HAQUE @ MOJAMMOL HOQUE @ MOZAMMEL HAQUE AND ANR. … … Petitioners Mr. Kaushik Chowdhury , Advocate Mr. Dwaipayan Panda, Advocate … … For the Petitioners Mr. Kalidas Saha , Advocate Mr. Sanjib Das, Advocate … …For the State Mr. Amit Roy , Advocate … …For the de facto complainant 1. Memo of Evidence filed in Court be taken on record. 2. The victim is alleged to have committed suicide. The present petitioners respectively are the uncle and aunt of the victim. 3. I have gone through the materials in the case diary including the statements recorded under Section 183 BNSS, 2023 as well as Section 180 BNSS, 2023. The present petitioner No. 1 allegedly assaulted the victim and scolded him. He is alleged to have abated the victim to commit suicide. 2 4. I have gone through the postmortem report which suggests a suicide. 5. As to how far the petitioners are responsible for the suicide committed by the victim is to be considered at the trial of consideration of the matter and at the time of adducing evidence on behalf of the parties. 6. Investigation of the case is not complete. 7. In such circumstances, prayer for anticipatory bail of the petitioners is allowed. 8. Accordingly, I direct that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only) each, with two sureties of like amount each, 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, 1973 corresponding to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and on further condition that the petitioner No.1 shall report before the Investigating Officer once in a fortnight till the conclusion of the investigation and petitioner no. 2 shall cooperate with the investigation till its completion and on further condition that the petitioners shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court. 9. Prayer for anticipatory bail of the petitioners is allowed. 10. CRM (A)/2427/2026 is disposed of. (Md. Shabbar Rashidi, J.)