Soubhik Baidya And ORS. v. State Of West Bengal

22.04.2026 Court No.28 Item No.19 tbsr Allowed CRM (A) 1181 of 2026 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Krishnaganj P.S. Case No.398 of 2025 dated 23.09.2025 under Section 103/238/3(5) of the Bharatiya Nyaya Sanhita, 2023. And In the matter of: Soubhik Baidya & Ors.

....Petitioners.

Mr. Prabir Majumder Mr. Snehansu Majumder Mr. Debraj Shil Ms. Sangeeta Chakraborty Ms. Anindita Kundu ...for the petitioner.

Mr. B. K. Roy Mr. Kunal Ganguly ....for the State Learned counsel appearing on behalf of the petitioners submits as follows. On 22.09.2025 the petitioners and the alleged victim were playing cards. They heard that a dacoity had been committed nearby and that the police were raiding the place. This prompted some of them to jump into nearby ponds. While others managed came out, the victim could not. A co-accused was arrested and was thereafter granted bail by this Court.

Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. He refers to the post mortem report and the doctor's opinion. He also refers to the statements of witnesses. According to the doctor, bleeding from the nose was an after effect of drowning. There is no other external injury on the dead body. Considering the above and the other materials available in the case diary, I do not think that custodial interrogation of the

petitioners is required in this case and 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 condition that the petitioners shall cooperate with investigation, shall meet the I.O. once a week till submission of report in final form and shall not threaten or intimidate witnesses.

The application for anticipatory bail is, thus, allowed. Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for.

(Jay Sengupta, J.)