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Calcutta High CourtCRM (A)/275/2026allowed

Gour Saha And ORS. v. State Of West Bengal

2026-02-06Hon'Ble Justice Jay Sengupta2 pages

06.02.2026 Sl. No.67 Ct. 28 NB C.R.M (A) 275 of 2026 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Ranaghat GRPS Case No.13/2025 dated 10.09.2025 under Sections 108/3(5) of BNS, 2023.

And In the matter of: Gour Saha & Ors.

... petitioners Mr. Shibaji Kr. Das, Ms. Debolina De.

...for the petitioners.

Mr. Antarikhya Basu, Mr. Asraf Mondal.

...for the State.

Learned counsel appearing on behalf of the petitioners submits as follows. The petitioners are the uncle, the aunt and the son of the uncle of the victim. The victim's father had left the house due to disputes with the family members earlier. Only his son, the present victim, was staying there. It has been alleged that due to abetment of the inmates of the house, the victim committed suicide after coming in front of a train. A co-accused was granted anticipatory bail by this Court on 07.01.2026 in CRM (A) 4085 of 2025. The FIR was lodged after 11 days of the incident. The victim fell on the railway track in a drunken condition and was run over by the train.

Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. He relies on the statements of the complainant, the neighbours and the postmortem report. He

also refers to the statement of the driver of the train who had seen a person coming in front of the train and getting knocked down. Considering the above and the other materials available in the case diary, the delay in lodging the FIR and the fact that a coaccused was granted anticipatory bail by this Court earlier, I am inclined to grant anticipatory bail to the petitioners. Accordingly, in the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each, one of whom must be local, to the satisfaction of Arresting Officer and subject to the conditions as laid down under Section 438 of the Code of Criminal Procedure, corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita and on further condition that the petitioner shall cooperate with the investigation and shall not threaten or intimidate witnesses or tamper with evidence in any manner whatsoever and the petitioner nos.1 and 3 shall meet the Investigating Officer once a fortnight till submission of report in final form.

The application for anticipatory bail is, thus, disposed of. 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.)