07.10.2026 Serial no. 11 (Anticipatory bail) (Allowed) ( Dd ) In the High Court at Calcutta Criminal Miscellaneous Jurisdictional Appellate Side CRM (A)/3201/2026 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 Harishchandrapur Police Station Case No. 1018 of 2026 dated 27.07.2026 under Sections 351(3)/49 and 64 of Bharatiya Nyaya Sanhita, 2023 (GR Case No. 2567/2026) pending before ld. ACJM, Chanchal, Malda. -And- In the matter of : MOSIUR RAHAMAN … … Petitioner Mr. Soupal Chatterjee, Mr. Anupam Das, Mr. M. Chatterjee, Advocates … … For the Petitioner Mr. Goutam Dey, Ms. Nabanita Chatterjee , Advocates … …For the State 1. Petitioner prays for anticipatory bail. 2. Learned advocate appearing for the petitioner submits that the relationship between the petitioner and the de facto complainant was consentual and they are adults. 3. Petitioner stands accused of rape. 4. Victim recorded a statement under Section 183 of BNSS, 2023 where she states that she is a widow. She entered into a consentual relationship with the petitioner. However, subsequently, she discovered the ill intention of the petitioner. 5. Case diary demonstrates that initially the victim refused medical examination although, she was examined subsequently. 2 6. Statements made by the victim under Section 183 of BNSS, 2023 states that the relationship was initially consentual. Whether the petitioner is guilty of the allegations levelled against him may be decided at the trial. 7. In such circumstances, I am inclined to grant anticipatory bail to the petitioner. 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 report before the Investigating Officer once in a month till the conclusion of the investigation 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 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)/3201/2026 is disposed of. (Debangsu Basak, J.) DEBABRATA DAS Digitally signed by DEBABRATA DAS Date: 2026.10.07 18:51:36 +05'30'