Calcutta High CourtCRM(A)/563/2025allowed

Rakhal Das v. The State Of West Bengal

2025-08-19Hon'Ble Justice Kausik Chanda3 pages

IN THE HIGH COURT AT CALCUTTA

Circuit Bench at Jalpaiguri Criminal Miscellaneous Jurisdiction 19.08.2025.

Appellate Side Sl. 24 AKG Ct. 01 Allowed CRM (A) 563 of 2025 In re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Bhaktinagar Police Station Case No. 642 of dated 02.07.2025 under Sections 329(4)/126(2)/117(2)/ 118(2)/109 (1)/ 351 (2) /3(5) of the Bharatiya Nyaya Sanhita.

And In the matter of : Rakhal Das ... Petitioner Mr. Debajit Kundu, Ms. Rajyashree Ghosh ..for the Petitioner Mr. Saikat Chatterjee, Mr. Chattu Roy ..for the State The statement of the victim recorded under Section 164 of the Code of Criminal Procedure, 1973, corresponding to Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023, does not disclose any involvement of the petitioner in the commission of the alleged offences.

The learned advocate appearing on behalf of the State has opposed the prayer for anticipatory bail. The investigation is currently ongoing.

In view of the materials on record, I am of the considered opinion that custodial interrogation of the petitioner is not warranted at this stage.

Accordingly, it is directed that the petitioner, namely Rakhal Das, in the event of his arrest, shall be released on bail upon furnishing a bond of ₹5,000/- (Rupees Five Thousand only), with two sureties of like amount, to the satisfaction of the learned Chief Judicial Magistrate, Jalpaiguri. This shall be subject to the conditions prescribed under Section 438(2) of the Code of Criminal Procedure, 1973, corresponding to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), and on the further condition that the petitioner shall report before the Investigating Officer once every month until the submission of the charge-sheet.

In the event of any default in appearance, the jurisdictional court shall be at liberty to take appropriate steps to secure the petitioner's presence, including cancellation of the anticipatory bail granted herein, without any further reference to this Court.

Accordingly, CRM (A) 563 of 2025 stands allowed. Let an urgent photostat certified copy of this order, if applied for, be supplied to the learned advocates for the parties on the usual undertakings.

(Kausik Chanda, J.)