Extracted from the PDF above. The PDF is authoritative.
27.08.2026 Serial no. 5 (Anticipatory bail) (Allowed) ( Dd ) In the High Court at Calcutta Criminal Miscellaneous Jurisdictional Appellate Side CRM (A)/2393/2026 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 Khanakul Police Station Case No. 798 of 2025 dated 11.12.2025 under Sections 115(2)/ 117(2)/ 126(2)/ 3(5)/ 303(2)/352/ 76 of Bharatiya Nyaya Sanhita, 2023 charge sheet submitted under Sections 126(2)/ 115(2)/ 117(2)/ 76/352/ 3(5) of BNS, 2023. (GR Case No. 2205/2025) pending before learned ACJM, Arambagh, Hooghly. -And- In the matter of : BISWANATH PANJA … … Petitioner Mr. Soumya Basu Roy Chowdhuri, Advocate Mr. Abir Dalui, Advocate … … For the Petitioner Mr. Biswajit Tiwari, Advocate Ms. Priyanka Chandra, Advocate … …For the State Mr. Suman Chakraborty, advocate .. For the de facto complainant
1. Memo of evidence filed in Court be taken on record. 2. The petitioner is alleged to have outraged the modesty of the de facto complainant. Charge sheet submitted against four accused persons. Three accused persons were granted anticipatory bail by the jurisdictional Court. 3. It is submitted by the learned advocate for the petitioner that the petitioner has been falsely implicated in this case out of land disputes between the family of the de facto complainant and that of the petitioner. 2
4. Learned advocate for the State relies upon the statements of the victim recorded under Section 183 of the BNSS, 2023. He submits that there are specific allegations of outraging the modesty of the de facto complainant in such statement. He does not deserve to be granted anticipatory bail. 5. Learned advocate appearing for the de facto complainant also opposes the prayer for grant of anticipatory bail. He also submits that the First Information Report contains specific allegations as against the present petitioner of outraging the modesty of the de facto complainant. 6. Having considered the submissions made on behalf of the parties and on perusal of materials in the case diary including the statements of the victim recorded under Section 183 of the BNSS, 2023 as also the injury report contained in the case diary, it transpires that the allegations in the First Information Report by the de facto complainant do not find place in the medical report.
Before the Doctor, the de facto complainant stated that she was physically beaten by the present petitioner and his wife. The wife of the present petitioner pulled her hair. Investigation of the case is already concluded. 7. In consideration of the materials in the case diary and the nature of allegations, prayer for anticipatory bail of the petitioner is allowed. 8. Accordingly, I direct that in the event of arrest the petitioner 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 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 shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the
3 accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court. 9. Prayer for anticipatory bail of the petitioner is allowed. 10. CRM (A)/2393/2026 is disposed of. (Md. Shabbar Rashidi, J.)