Subhajit Sardar v. State Of West Bengal

AD 44 December 23, 2025 Ct. 28 SG CRM(A) 4098 of 2025 Allowed An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Krishnagar Kotwali P.S. Case No.1099 of 2025 dated 03.10.2025 under Section 108 of the BNS, 2023. And In the matter of:

Subhajit Sardar ... petitioner Mr. Dipanjan Chatterjee Ms. Rimpa Adhikari Ms. Kakon Das ... for the petitioner Mr. S.S. Imam Ms. Srilekha Chattopadhyay ... for the State Learned counsel for the petitioner submits that the petitioner is slightly above 18 years of age. It is alleged that the victim committed suicide after having a conversation with the petitioner.

Learned counsel for the State opposes the prayer for anticipatory bail, relies on the statements of witnesses and the post-mortem report and submits that the petitioner used to have telephonic conversation with the victim. After the petitioner had a heated exchange of words with the victim on the relevant day, the victim committed suicide. It will be for the Courts to finally decide whether there is any element of abetment of suicide in this case.

However, considering the 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 petitioner.

In the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (rupees ten thousand) 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 the further conditions that the petitioner shall cooperate with the investigation, shall meet the investigating officer once a fortnight till submission of report in final form and shall not threaten or intimidate witnesses The application for anticipatory bail is, thus, allowed. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of requisite formalities.

(Jay Sengupta, J.)