Subhash Das v. The State Of West Bengal

07.07.2025 Item No.28 Ct.No.02 rc.

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI CRIMINAL MISCELLANEOUS JURISDICTION C.R.M. (A) 446 of 2025 In Re : An application for anticipatory bail under Section 438 of the Code of Criminal Procedure read with Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Bhaktinagar Police Station Case No. 1063 of 2023 dated 03.12.2023.

And In Re :

Subhas Das ... Petitioner Mr. Biswajit Deb Ms. Kritika Deb Mr. Debasish Mukhopadhyay ... for the Petitioner Mr. Aditi Shankar Chakraborty Mr. Kallol Nag ...for the State Mr. Abhijit Raha ...for the defacto complainant Heard learned counsels for the parties.

Learned counsel for the petitioner submits that the petitioner has no involvement in the alleged offence. The coaccused are on bail/anticipatory bail. Charge sheet has been submitted.

Learned counsels for the State and the defacto complainant oppose the prayer.

Learned counsel for the defacto complainant submits that the victim committed suicide due to constant threat made by the petitioner and others.

I have considered the material on record. Though the victim has named the petitioner in her suicide note, there is no implication against him therein. Co-accused have been granted bail/anticipatory bail. Charge sheet has been submitted. Whether the conduct of the petitioner can be held to be the proximate cause for commission of suicide by the victim shall be assessed at the appropriate stage of the proceedings.

In view of the material on record and extent of complicity of the petitioner in the alleged offence, this Court is inclined to grant anticipatory bail to him. Accordingly, in the event of arrest, the petitioner Subhas Das be released on bail on 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 subject to provision under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The petitioner shall appear before the jurisdictional Court and pray for regular bail within two weeks from date.

The application for anticipatory bail is, thus, disposed of.

Case Diary be returned.

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

(Suvra Ghosh, J.)