Sagar Biswas v. State Of West Bengal

30.05.2025 (D/L 17) Ct. No.5 Allowed (SKB) CALCUTTA HIGH COURT CRIMINAL MISCFELLANEOUS JURISDICTION APPELLATE SIDE CRM (A) 1811 of 2025 In Re:- An application for anticipatory bail under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023, in connection with Chakdah P.S. Case No. 1311 of 2024 dated 17.11.2024 under Sections 109/324(4) of the Bharatiya Nyaya Sanhita, 2023 pending before the learned A.C.J.M., Kalyani, Nadia.

And In the matter of : Sagar Biswas ... Petitioner Mr. Shibaji Kumar Das ... for the Petitioner Ms. Sukanya Bhattacharya, Mr. Dipankar Pramanick ... for the State 1.

This is an application for anticipatory bail under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023, in connection with Chakdah P.S. Case No. 1311 of 2024 dated 17.11.2024 under Sections 109/324(4) of the Bharatiya Nyaya Sanhita, 2023.

2.

The learned advocate representing the petitioner submitted that the prayer for granting of anticipatory bail was earlier rejected by a Division Bench of this Court on 20th December, 2024. However, there is a change in circumstances of filing of the charge-sheet on 31st January, 2025 deleting the provisions under Section 9B of the Indian Explosives Act. Moreover, the charge-sheet did not specify the remnants of any

articles relating to bomb blast in column no.11 wherein the details of seized properties had been delineated.

3.

The learned advocate for the State submitted on receiving the FSL report, the Investing Officer intended to file a supplementary charge-sheet.

4.

Heard the submissions of the learned counsel for the petitioners as well as the learned counsel for the State. Since initial charge-sheet did not mention recovery of any articles relating to bomb blast and since the charge-sheet had already been filed, no further custodial interrogation was required.

5.

Considering the materials on record, this court finds that it is a fit case for granting anticipatory bail to the petitioner.

6.

Accordingly, it is directed that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/-(Rupees ten thousand only) with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer and subject to the conditions as laid down under Section 482(2) of the B.N.S.S., 2023 and on further condition that the petitioner shall cooperate with the investigation and shall not intimidate witnesses or tamper with evidence in any manner whatsoever and on further condition that the petitioner shall not leave the jurisdiction of the concerned police station without the prior permission of the Investigating Officer. He

shall meet the I.O. of the concerned police station once in a fortnight until further orders.

7.

In the event, the petitioner fails to comply with the aforesaid directions without any justifiable cause, the learned Trial Court shall be at liberty to cancel the bail without any further reference to this Court.

8.

Accordingly, the prayer for the anticipatory bail is allowed.

9.

The application being CRM (A) 1811 of 2025 is disposed of.

(Ananya Bandyopadhyay, J.)