Dhiman Das And ANR. v. The State Of West Bengal

CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH

AT JALPAIGURI 15.12.2025 Court No.01 Item No.46 Avijit Mitra CRM (A) 858 of 2025 In Re:- An application for anticipatory under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023; And In Re: Dhiman Das & anr.

-Petitioners Mr. Aniruddha Biswas, Mr. Subham Chanda, Mr. Monoj Saha, Mr. Kanak Mishra ...for the Petitioners Mr. Bhaskar Das ...for the State Apprehending arrest in connection with Pundibari Police Station Case No.729 of 2025 dated 22.08.2025 under Sections 126(2)/115(2)/117(2)/118(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023, the present application has been preferred. Mr. Biswas, learned advocate appearing for the petitioners submits that the petitioners have been falsely implicated. The allegations levelled are omnibus in nature and in the said conspectus, custodial interrogation may not be necessary. The learned advocate appearing for the State opposes the petitioners' prayer.

Having heard the learned advocates and considering the materials on record, the statement of the victim, the injury report and the extent of complicity of the petitioners in the

alleged offence, I am of the opinion that custodial interrogation of the petitioners is not necessary. However, the movement of the petitioners needs to be restricted.

Accordingly, I direct that in the event of arrest the petitioners, namely, Dhiman Das and Rajib Das shall be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer and subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita and they shall not enter the jurisdiction of Pundibari Police Station save and except for meeting with the investigating officer of the case once in a week till investigation is complete.

It is further directed that the petitioners shall also immediately intimate the addresses where they would be residing to the investigating officer.

It is further directed that the petitioners shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever.

It is made clear that in the event the petitioners fail to comply with any of the aforesaid directions, without justifiable cause, the learned Court below shall be at liberty to cancel the petitioners' bail without any further reference to this Court. The application for anticipatory bail, being CRM (A) 858 of 2025, is disposed of.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Tapabrata Chakraborty, J.)