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2026 DAILYLAW 37330 (CAL)

VISHAMBHAR RAM @ VISHAMBHAR v. STATE OF WEST BENGAL AND ANR

CRM (A)/2496/2026 · 2026-08-31

Md Shabbar Rashidi

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

31.08.2026 DL-10 Court No.551 SD (Allowed) C.R.M. (A) 2496 of 2026 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Muchipara Police Station Case No.209 of 2025 dated 24.12.2025 under Sections 69/89/109/351(2) of the Bharatiya Naya Sanhita, 2023. And In the matter of: Vishambhar Ram @ Vishambhar. ….petitioner. Mr. Subhabrata Chowdhury Ms. Tripti Pandey …for the petitioner. Mr. Gurudas Mitra Mr. Utsav Dutta … for the State. 1. None appears on behalf of the de-facto complainant despite service. 2. Report filed by the State in Court today be kept with the records. 3. Having heard the learned advocate for the parties and upon perusal of the materials in the case diary it appears that the petitioner has alleged to have committed sexual assault upon the victim. The petitioner was instrumental in illegal abortion of the victim. 4. I have gone through the materials in the case diary. 5. It is submitted by the learned advocate for the petitioner that the alleged abortion took place in March, 2025. At the relevant point of time the petitioner did not come to Kolkata. The petitioner is a Navy official and, is presently posted at Andaman & Nicobar Island. 6. On perusal of the statement of the victim recorded under Section 183 of BNSS as well as on perusal of other materials 2 in the case diary, it transpires that the petitioner and the victim are adult. They were in a relationship for the last five years. The materials of the case diary also states that there were talks of marriage in between the two families. The petitioner allegedly had sexual intercourse in course of such relationship with the victim. Due to which the victim got pregnant. 7. The statement of the doctor recorded under Section 180 of the BNSS discloses that at the time of alleged abortion, the victim was brought to the doctor by her mother. The statement also discloses that the doctor made an enquiry about the husband of the victim and he was informed that the husband of the victim was far away. 8. No contemporary complaint is there in the case diary complaining of alleged forceful sexual assault by the petitioner as against the victim. 9. Considering the aforesaid facts and circumstances, the prayer of the petitioner for grant of anticipatory bail is allowed. 10. 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 subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and on condition that the petitioner will report before the Investigating Officer once in a fortnight till the conclusion of the investigation and on condition that the petitioner shall appear on every date before the jurisdictional Court on and 3 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 petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court. 11. C.R.M. (A) 2496 of 2026 is, thus, disposed of. (Md. Shabbar Rashidi, J.)