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Calcutta High CourtCRM (A)/1523/2026allowed

Bapi Das v. The State Of West Bengal

2026-05-26Hon'Ble Justice Partha Sarathi Chatterjee2 pages

26.05.2026 IN THE HIGH COURT AT CALCUTTA (D/L 50) CRIMINAL MISCELLANEOUS JURISDICTION Ct. No.7 Vacation Bench (Allowed) C.R.M.(A) 1523 of 2026 (S.M) (B.K.N) In Re:- An application for anticipatory bail under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Duttapukur Police Station Case No. 890 of 2025 dated 14.12.2025 under Sections - 85/108 B.N.S in G.R. Case No. 4331 of 2025.

In the matter of : Bapi Das ... Petitioner Mr. Younush Mondal, Mr. Rabi Kumar Sah ... for the petitioner Mr. Rajesh Kumar Shah, Mr. Saswata Chatterjee ... for the State

1. Mr. Younush Mondal, learned Advocate appearing for the petitioner, submits that the incident occurred at the paternal house of the victim. He further submits that due to his employment, the petitioner used to reside outside the State and the allegation against him is that he abetted the commission of suicide by the victim over telephone. He also submits that the other co-accused person, namely the mother-in-law, has been released on bail and prays that the present petitioner be granted pre-arrest bail.

2. Mr. Rajesh Kumar Shah, learned Advocate appearing for the State, produces the case diary and opposes the prayer for bail on the basis of the materials available therein.

3. Heard the learned advocate appearing for the respective parties.

4. Perused the materials on record including the case diary, P.M. report and inquest report.

5. The inquest report indicates that the incident allegedly occurred at the parental house of the victim and the post-mortem report indicates that a non-continuous ligature mark was found on the neck of the victim, which prima facie suggests that the victim committed suicide. Taking note of these facts, the involvement of the present petitioner, and the facts and circumstances of the case, I am of the view that custodial interrogation of the present petitioner will not serve any purpose. Accordingly, the benefit under Section 482 of the BNSS may be granted to the present petitioner, however, subject to certain conditions.

6. Accordingly, the prayer for the anticipatory bail is allowed.

7. The application being CRM(A) 1523 of 2026 is disposed of.

8. Accordingly, it is ordered that in the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs. 10,000/- with two sureties of Rs. 5,000/- each, one of whom must be local, to the satisfaction of the Arresting Officer.

9. The petitioner, if on bail, shall meet the Investigating Officer once in a week till the submission of the charge sheet or until further order.

10. The Arresting Officer is hereby directed to act upon the server copy or certified copy of this order.

11. Urgent Photostat Certified copy of this order, if applied for, be supplied to the parties upon compliance with all necessary formalities.

(Partha Sarathi Chatterjee, J.)