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Calcutta High CourtCRM (A)/1710/2026allowed

Bishwa Kumar Das @ Biswa v. State Of West Bengal

2026-06-24Hon'Ble Justice Jay Sengupta2 pages

22.06.2026 Court No.28 Item No.37 MD Allowed CRM (A) 1710 of 2026 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Dhantala P.S. Case No.290 of 2025 dated 23.04.2025 under Sections 108 & 3(5) of the Bharatiya Nyaya Sanhita, 2023. And In the matter of: Bishwa Kumar Das @ Biswa ....Petitioner.

Mr. Sumanta Das Mr. Srijeet Roy Chowdhury ...for the petitioner.

Mr. P. Karan Singh ....for the State.

Learned counsel appearing on behalf of the petitioner submits that the petitioner is the alleged paramour of the wife of the victim. The victim/husband used to suspect that the petitioner was having an illicit relationship with his wife. The petitioner is not at all responsibile for the suicide of the victim. Earlier by an order dated 11.09.2025 passed by this Court in CRM 2859 of 2025, the said wife of the victim and the mother-in-law were granted anticipatory bail. Learned counsel appearing on behalf of the State relies on the case diary and opposes the prayer for anticipatory bail. He relies on the statement of the witnesses and the postmortem report. Charge sheet has been submitted.

It will be for the Court through final decide that there is any element of abatement of suicide in this case. However, considering the nature of allegations, the other materials available in the case diary and that fact that two other

accused were granted anticipatory bail by this Court earlier, I am inclined to grant anticipatory bail to the present petitioner. 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 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 petitioner shall surrender before the learned jurisdictional Court and pray for bail within four weeks from this date and regularly attend the jurisdictional Court and shall not threaten or intimidate witnesses and shall stay outside the jurisdiction of Dhantala P.S. for a period of four months except for meeting the Investigating Officer or attending the jurisdictional Court.

Memo appeal is filed in Court is taken on record. 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.)