Pranesh Sarkar And ORS v. State Of West Bengal

16.06.2025

IN THE HIGH COURT AT CALCUTTA

Item No.30 CIRCUIT BENCH AT JALPAIGURI Ct.No.2 dc.

Allowed C.R.M. (A) 355 of 2025 In Re : An Application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Ghoksadanga Police Station Case No. 263 of 2025 dated 17.05.2025 (G.R.No.754/2025) under Sections 108/3(5) of the Bharatiya Nyaya Sanhita, 2023. And In Re :

Pranesh Sarkar and Others ... Petitioners.

Mr. Sudip Guha, Mr. Abhishek Singh, Ms. Priyasha Jha ... For the Petitioners.

Mr. Saikat Chatterjee, Mr. Chattu Roy ... For the State.

Learned advocate appearing for the petitioners submits that the petitioners have been implicated in the instant case on the basis of certain rumors being spread and the nature of the accusations so made do not warrant the custodial interrogation of the present petitioners. As such, on any stringent condition, the petitioners may be granted the benefit of anticipatory bail.

Learned advocate appearing for the State opposes the prayer for anticipatory bail.

I have considered the statements of the witnesses so recorded by the investigating officer of the case as also the complicity of the present petitioners in respect of the alleged

offences. On assessment of the same, I am of the view that the custodial interrogation/detention of the present petitioners may not be warranted in the facts and circumstances of the case. As such, the prayer for anticipatory bail of the petitioners is allowed. Accordingly, in the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand) each, 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 Bharatiya Nagarik Suraksha Sanhita, 2023.

The petitioners shall meet the Investigating Officer of the case once in a week till the charge-sheet or the report in final form is filed before the jurisdictional court. The application for anticipatory bail, being CRM(A) 355 of 2025, is, thus, disposed of.

All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)