Calcutta High CourtCRM(A)/816/2025allowed

Sahil Tamang v. The State Of West Bengal

2025-11-26Hon'Ble Justice Bivas Pattanayak3 pages

IN THE HIGH COURT AT CALCUTTA

Circuit Bench at Jalpaiguri Criminal Miscellaneous Jurisdiction 26.11.2025 Item No. 23 AN (Allowed) C.R.M. (A) 816 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. 804 of 2025 dated 13.08.2025 under Section 108 of the Bharatiya Nyaya Sanhita, 2023 pending before learned Chief Judicial Magistrate Court at Jalpaiguri, Dist. Jalpaiguri. In the matter of : Sahil Tamang ... Petitioner.

Mr. Somraj Paul ...for the Petitioner.

Mr. Kallol Acharjee Ms. Namrata Das ...for the State.

1. Learned advocate for the petitioner submits that there are no such ingredients of any abetment to suicide against the petitioner. He seeks for grant of anticipatory bail in favour of the petitioner.

2. On the contrary, learned advocate for the State opposes such prayer and seeks for dismissal of the anticipatory bail application of the petitioner.

3. Perused the case diary and the materials on record.

4. On going through the statement of the witnesses recorded under Section 161 of the Code of Criminal Procedure, it is found that the victim had previous love affair with the petitioner. As per the Post Mortem report, the death of the victim was due to effect of hanging which is ante

mortem in nature. There are no such specific allegations against this petitioner. Considering the aforesaid, I am inclined extend the benefit of anticipatory bail in favour of the petitioner.

5. Accordingly, in the event of arrest, the petitioner viz. Sahil Tamang be released on bail upon furnishing a bond of Rs. 10,000/- each (Rupees Ten Thousand only) with two sureties of like amount to the satisfaction of the arresting officer and also subject to the conditions as laid down under Section 482(2) of the BNSS and on further condition that the petitioner shall meet and report to the investigating officer once in a fortnight until further orders and shall appear before the jurisdictional court on each date fixed for appearance.

6. In case the petitioner fails to adhere to any of the conditions mentioned in Section 438(2) of the Code / Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023, the jurisdictional court shall be at liberty to take appropriate steps to cancel the anticipatory bail without further reference to this Court.

7. Thus, the application for anticipatory bail is allowed.

8. CRM(A) 816 of 2025 stands disposed of.

9. Urgent Photostat certified copy of this order, if applied for, be made available to the parties upon compliance of all requisite formalities.

(Bivas Pattanayak, J.)