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Calcutta High CourtCRM (A)/552/2026allowed

Debasis Biswas And ANR. v. State Of West Bengal

2026-03-06Hon'Ble Justice Jay Sengupta2 pages

06.03.2026 Court No.28 Item No.35 ssi CRM (A) 552 of 2026 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Suraksha Nagarik Sanhita in connection with Ausgram Police Station Case No.219 of 2025 dated 15.05.2025 under Sections 103 (1)/3(5) of the BNS 2023.

And In the matter of: Debasis Biswas & another.

.... Petitioners.

Mr. Kazi M. Rahaman Mr. Asit Baran Ghosh ...for the petitioners Mr. Iqbal Kabir Md. Ejaz Akhter ..for the State Learned counsel appearing on behalf of the petitioners submits that the petitioners have been falsely implicated in this case. The petitioners happened to be the father in law and sister in law of the alleged victim. The principal accused being the wife of the victim was arrested and was thereafter released on bail. Some other co-accused were earlier granted anticipatory bail by this Court. Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. He refers to the statements of the witnesses, the post mortem report and the injury report. It appears that a relative of the victim had alleged that prior to succumbing to his burn injuries, the victim stated that his wife and other in-laws were responsible for his death. However, it also appears from the injury report for an examination done on 13.05.2025 as contained in the case diary that the patient had himself told the treating doctor that burn injury was received "by petrol by himself".

Considering the above, the other materials available in the case diary and the fact that similarly circumstanced co-accused were granted anticipatory bail by this Court and that a charge sheet has been submitted, I am inclined to grant anticipatory bail to the petitioners.

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 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 petitioners shall surrender before the learned jurisdictional Court and pray for bail within four weeks from this date and shall attend the jurisdictional Court regularly. The petitioners shall not threaten or intimidate the witnesses. Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible. The presence of the I.O. is noted and is dispensed with. (Jay Sengupta, J.)