Anil Sarkar And ANR v. The State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

Circuit Bench at Jalpaiguri Criminal Miscellaneous Jurisdiction 19.08.2025.

Appellate Side Suman Ct. 01 Allowed CRM (A) 588 of 2025 In re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection Maynaguri Police Station Case No.541 of 2024 dated 28.11.2024 under Sections 85/173(2)/140(3)/3(5) of the Bharatiya Nyaya Sanhita, 2023 corresponding to G.R. Case No.6004 of 2024 pending before the learned Chief Judicial Magistrate, Jalpaiguri And In the matter of : Anil Sarkar and Anr.

... petitioners Mr. Sisir Kumar Ray Mr. P. K. Nandi ..for the petitioners Mr. Abhijit Sarkar Ms. Namrata Das ..for the State One Dhakeswari Sarkar, aged about 35 years and married to Dulal Sarkar, has been reported missing since July 3, 2024.

Subsequently, the brother of Dhakeswari Sarkar lodged a complaint before the concerned police station on July 8, 2024, pursuant to which the present case was registered by the Investigating Agency against Dulal Sarkar and others. The petitioners herein are the father-in-law, mother-inlaw, and brother-in-law of the missing person.

The learned advocate appearing on behalf of the State opposes the prayer for anticipatory bail.

It is noted that Dulal Sarkar has already been enlarged on bail by an order dated July 14, 2025.

Having regard to the nature of the alleged offence and the extent of the petitioners' involvement, as reflected from the case record, I am of the considered view that custodial interrogation of the petitioners is not warranted at this stage. Accordingly, the prayer for anticipatory bail is allowed. It is directed that the petitioners, namely Anil Sarkar and Smt. Madhubala Sarkar, in the event of their arrest, shall be released on bail upon furnishing a bond of ₹5,000/- (Rupees Five Thousand only) each, with two sureties of like amount, to the satisfaction of the learned Chief Judicial Magistrate, Jalpaiguri. The bail 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 (BNSS), and further subject to the condition that the petitioners shall appear before the jurisdictional court on each and every date fixed for appearance of the accused.

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

Accordingly, CRM (A) 588 of 2025 is disposed of. 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.)