Swasti Sekhar Dutta v. The State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

Circuit Bench at Jalpaiguri Criminal Miscellaneous Jurisdiction 20.08.2025.

Appellate Side Sl. 30-33 AKG Ct. 01 Allowed CRM (A) 578 of 2025 & CRM (A) 587 of 2025 & CRM (A) 590 of 2025 & CRM (A) 596 of 2025 In re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, (Under Section 438 of the Code of Criminal Procedure, 1973) in connection with Pradhan Nagar Police Station Case No. 491 of 2025 dated 15.07.2025 under Sections 108/61 (2) of the Bharatiya Nyaya Sanhita, 2023, pending before the Court of Ld. Additional Chief Judicial Magistrate, Siliguri. And In the matter of : Amitava Mitra @ Rana & Ors. in CRM (A) 578 of 2025 Ashish Shyam Chowdhury @ Ashis Shyam Chowdhury in CRM (A) 587 of 2025 Swasti Sekhar Dutta in CRM (A) 590 of 2025 Gauranga Saha in CRM (A) 596 of 2025 ... Petitioners Mr. Joydeep Kanta Bhowmik, Mr. Sayantan Bhowmik, Mr. Shubham Kumar, Ms.

Sayantani Das, Ms. Priti Das ..for the Petitioners in CRM (A) 578 of 2025 & CRM (A) 590 of 2025 & CRM (A) 596 of 2025 Mr. Kumar Shantanu, Mr. Taiab Sahadat, Mr. Rakesh Roy ..for the Petitioner in CRM (A) 587 of 2025 Mr. Tapan Bhattacharjee, Mr. Kallol Nag ..for the State in CRM (A) 578 of 2025 Mr. Tapan Bhattacharjee, Mr. Subhasish Misra ..for the State in CRM (A) 587 of 2025 Mr. Abhijit Sarkar, Mr. Sourav Ganguly ..

Mr. Nilay Chakraborty, Ms. Namrata Das ..for the State in CRM (A) 596 of 2025 The victim is the husband of the de facto complainant. He committed suicide.

Learned advocates appearing for the petitioners submit that the deceased had borrowed money from the petitioners and some other persons on different occasions and was unable to repay the said loans. Subsequently, he committed suicide on July 14, 2025.

The allegations contained in the documents forming part of the case diary do not reveal any proximate nexus between the act of suicide and the financial transactions involving the petitioners.

It is further noted that a similarly situated co-accused has already been granted anticipatory bail by this Court on July 29, 2025 in CRM (A) 564 of 2025.

In view of the aforesaid circumstances, the prayer for anticipatory bail is allowed.

Accordingly, it is directed that the petitioners, namely Amitava Mitra @ Rana, Shibu Chettri @ Sibu, Subodh Bhowmik @ Kamal, Ashish Shyam Chowdhury @ Ashis Shyam Chowdhury, Swasti Sekhar Dutta, and Gauranga Saha, 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 each, one of whom must be a local

resident, to the satisfaction of the learned Additional Chief Judicial Magistrate, Siliguri.

The grant of bail shall be subject to the conditions stipulated 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 shall also be subject to the further condition that the petitioners shall report to the Investigating Officer once every month until 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 presence of the petitioners, including cancellation of the anticipatory bail granted herein, without further reference to this Court.

Accordingly, CRM (A) 578 of 2025, CRM (A) 587 of 2025, CRM (A) 590 of 2025, and CRM (A) 596 of 2025 are allowed and stand 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.)