Research › Search › Judgment

Calcutta High Court · body

2026 DAILYLAW 8038 (CAL)

SOHEL ALAM v. STATE OF WEST BENGAL

CRM (A)/1/2026 · 2026-02-18

Jay Sengupta

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

18.02.2026 Court No.28 Item No. 6 tbsr Allowed CRM (A) 1 of 2026 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Chakulia P.S. Case No.276 of 2025 dated 10.07.2025 under Sections 126(2)/115(2)/64/62/3(5) of the BNS. And In the matter of: Sohel Alam ….Petitioner Mr. Niladri Sekhar Ghosh Mr. Sharyar Alam Ms. Labani Sikder Mr. Souvik Dey Mr. Subhrajyoti Hazra ….for the petitioner Mr. Binoy Kr. Panda Mr. Asraf Mondal ….for the State Report filed on behalf of the State is taken on record. Despite service, no one appears on behalf of the de facto complainant. Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner is a neighbour of the de facto complainant. It is alleged in the FIR that the petitioner attempted to drag the victim in broad day light to another place so he could rape her. The petitioner has been falsely implicated in this case due to previous grudge. Charge sheet has been submitted. Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. He relies on the case diary including the statements of the victim recorded before the learned Magistrate and the statements of other witnesses. 2 Although in the FIR, the de facto complainant alleged that it was the present petitioner who tried to drag the victim away to a place, in a statement before the learned Magistrate, she submitted that both the petitioner as well as his mother tried to drag her to the other place so that the son could commit rape. It appears that charge sheet has already been submitted. Considering the above, the other materials available in the case diary and the fact that charge sheet has already been submitted, I am inclined to grant anticipatory bail to the petitioner. In the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, 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 BNSS, 2023 and on further condition that the petitioner shall surrender before the learned jurisdictional Court and pray for bail within four weeks from this date and shall attend the jurisdictional Court regularly and shall not threaten or intimidate witnesses. The application for anticipatory bail is, thus, allowed. Urgent photostat certified copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all formalities. (Jay Sengupta, J.)