Raju Sarkar v. State Of West Bengal

11.06.2026 SL.56 Ct.No.28 NB CRM (A) 1489 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 Kalyani P.S. Case No.268 of 2026 dated 22.03.2026 under Sections 108/3(5) of the Bharatiya Nyaya Sanhita, 2023. And In the matter of: Raju Sarkar ... petitioner Mr. Mrinal Kanti Mukherjee ...for the petitioner.

Ms. Koel Mukherjee.

...for the State.

Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner was the employer of the victim deceased. He has been falsely implicated in this case. The victim committed suicide in his own house.

Learned counsel appearing on behalf of the State relies on the case diary and opposes the prayer for anticipatory bail. He refers to the postmortem report, the statements of witnesses and the purported suicide note present at page 10 of the case diary. In such suicide note, the victim had clearly stated that the present petitioner should be held responsible for his suicide.

There is no other reason, factual background or allegation mentioned in the said suicide note, except for the bald assertion that the present petitioner shall be held responsible for the suicide. It will for the Courts to finally decide whether there is any element of abetment of suicide in this case.

However, considering the above and the other materials available in the case diary, I do not think that custodial interrogation of the petitioner is required in this case and I am inclined to grant anticipatory bail to the present petitioner.

Accordingly, 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 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 shall meet the Investigating Officer once a week 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.)