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Calcutta High CourtCRM (A)/187/2026allowed

Swapan Kumar Biswas @ Swapan Biswas v. State Of West Bengal

2026-02-04Hon'Ble Justice Jay Sengupta2 pages

04.02.2026 Ct. No. 28 Sl. No.63 SG C. R. M. (A) 187 of 2026 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Hanskhali Police Station Case No.282 of 2018 dated 21.08.2018 under Sections 306/34 of the Indian Penal Code.

And In Re: Swapan Kumar Biswas @ Swapan Biswas.

... ... Petitioner Mr. Shibaji Kumar Das, Ms. Maityayee Das.

... ... for the petitioner Mr. Saibal Bapuli, Mr. Arani Bhattacharyya.

... ... for the State 1.

Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner was not named in the FIR. He is an assistant teacher in a school. There was another assistant teacher of the school who was in a relationship with the victim lady. The victim lady committed suicide for which the instant case was initiated. Petitioner is not at all connected with the present case. Petitioner was not at all aware that a charge sheet has been submitted against him as well. He has been regularly attending the school and no effort was made to arrest him.

2.

Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. He submits that the petitioner is the maternal uncle of the principal accused. Principal accused surrendered before the jurisdictional court and was granted bail. 3.

Considering the above, the other materials available in the case diary, the alleged role ascribed to the present petitioner and the fact that the charge sheet has already been submitted, I am inclined to grant anticipatory bail to the petitioner.

4.

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 conditions that the petitioner shall surrender before the learned jurisdictional Court within four weeks from this date and pray for bail and shall attend the jurisdictional Court regularly and shall not threaten or intimidate witnesses.

5.

The application for anticipatory bail is, thus, allowed. 6.

Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for.

(Jay Sengupta, J.)