The Calcutta High Court has granted anticipatory bail to West Bengal MLA Humayun Kabir in connection with a criminal case involving allegations relating to a speech delivered at a public gathering. Justice Ajay Kumar Gupta held that there was no need for his custodial interrogation and found that the ingredients of Section 152 of the Bharatiya Nyaya Sanhita (BNS), 2023 were not made out even prima facie.
Background
The application arose from Rejinagar Police Station Case No. 219 of 2026, registered on June 27, 2026, under several provisions of the BNS, including Sections 152, 192, 196, 197, 224, 299, 351(2), 352 and 353. The proceedings were pending before the Chief Judicial Magistrate, Berhampur, Murshidabad.
Kabir's counsel argued that he had been implicated because of political rivalry and that the requirements of Section 152 were not satisfied. The Court was also told that Kabir had complied with two notices issued under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, and had been questioned for several hours on both occasions.
The State opposed the application, maintaining that Section 152 was attracted because Kabir had allegedly used threatening language while addressing a public gathering. It also argued that, as an MLA, he should exercise caution while delivering public speeches.
After examining the case diary, memo of evidence and other materials, the Court found no requirement for custodial interrogation.
The Court observed, "Firstly, this Court does not find the ingredients even prima facie in connection with Section 152 of the BNS, 2023."
The Court further noted that Kabir had already cooperated with the investigation and had been interrogated for more than eight hours. It also considered that the electronic clipping relied upon by the investigating officer had already been seized, reducing the possibility of evidence being tampered with.
The Court also recorded that no complaint had been lodged against Kabir following the speech and that no untoward incident had occurred on its basis.
Allowing the anticipatory bail application, the Court directed that if Kabir is arrested, he shall be released on bail on the satisfaction of the arresting officer, subject to appropriate conditions and the requirements corresponding to Section 482(2) of the BNSS.
The Court also clarified that failure to comply with the conditions would allow the prosecution to seek cancellation of the anticipatory bail in accordance with law. The criminal miscellaneous application was accordingly disposed of.
Case Title: In Re: Humayun Kabir
Case Number: C.R.M.(A) 2105 of 2026
Judge: Justice Ajay Kumar Gupta
Decision Date: 10 September 2026
