Rajesh Sarkar And ORS v. The State Of West Bengal

29.11.2024 Sl No.22 s.biswas (Allowed) Calcutta High Court In The Circuit Bench at Jalpaiguri CRM (A) 913 of 2024 In Re: An application for anticipatory bail under Section 482 of the BNSS in connection with Bhaktinagar Police Station Case No. 790/2024 dated 02.09.2024 under Sections 108/308(2)/115(2) /3(5) of the BNSS.

And In the matter of: Rajesh Sarkar and others ... Petitioner Ms. Srishti Sarkar ... for the petitioner Mr. Saikat Chatterjee Mr. Chattu Roy ... for the State

1. Petitioners submit that they have been falsely implicated. It is submitted that the main allegation is against Anima Mondal and Manoj Roy. It is also submitted that the story is unbelievable. The FIR does not connect the petitioners to the alleged offence of abetment to suicide.

2. Learned counsel for the State produces the case diary and opposes the prayer for anticipatory bail.

3. We have perused the case diary. We have also considered materials on record and the statement taken under Section 183 of the BNSS corresponding to Section 164 of the Cr.P.C. Upon considering the materials and the role allegedly played by the petitioners, we are of the view that custodial interrogation of the petitioners will not be necessary. The benefit of Section 482 of the BNSS corresponding to Section 438 of the Cr.P.C. can be extended to the petitioners.

4. Accordingly, we direct that in the event of arrest, the petitioners be released on bail upon furnishing a bond of Rs.10,000/- each, with two sureties of equal amount, to the satisfaction of the arresting officer and also subject to the conditions as laid down under Section 482(2) of the BNSS corresponding to Section 438(2) of the Cr.P.C. and on further condition that the petitioners shall meet the investigating officer once in a week until further orders.

5. The application for anticipatory bail is, thus, disposed of. (Partha Sarathi Chatterjee, J.) (Shampa Sarkar, J.)