Calcutta High CourtCRM (A)/1892/2025allowed

Subhadeep Sarkar @ Prasun v. State Of West Bengal

2025-06-17Hon'Ble Justice Suvra Ghosh2 pages

June 17, 2025 202 ARDR (Allowed) CRM (A) 1892 of 2025 In Re : An Application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Basudevpur Police Station Case No. 57 of 2025 dated 25/2/2025 under Sections 308(2)/308(4)/3(5) of the BNS, 2023.

And In Re :

Subhadeep Sarkar @ Prasun ... Petitioner.

Adv. Moyukh Mukherjee, Adv. Samrat Mondal, Adv. Akash Sarkar, ... for the petitioner.

Adv. Sonali Das, Adv. Suchismita Dutta, ... for the State.

Learned counsel for the petitioner submits that the petitioner has been framed due to political rivalry. His name transpired from the statement of the co-accused. No notice under Section 35(3) of the BNSS was issued upon him within the statutory period of time. The petitioner seeks anticipatory bail.

Learned counsel for the State opposes the prayer. I have considered the material on record.

The petitioner's name transpires from the statement of the coaccused. Admittedly no notice under Section 35(3) of the BNSS was issued upon him within the statutory time frame. It also appears that two phone numbers from which the alleged extortion calls were made do not belong to the petitioner.

Considering the material on record and extent of complicity of the petitioner in the alleged crime, this Court is inclined to grant anticipatory bail to the petitioner.

Accordingly in the event of arrest, the petitioner namely Subhadeep Sarkar @ Prasun be released on bail upon furnishing

bond of Rs.10,000/- (Rupees Ten Thousand only), with two sureties of like amount each, to the satisfaction of the Arresting Officer and also subject to the conditions laid down under Section 482(2) of the BNSS. The petitioners shall appear before the learned jurisdictional Court and pray for regular bail within two weeks from date. The application for anticipatory bail is disposed of. Case Diary be returned.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)