Ratan Sarkar v. The State Of West Bengal

CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH

AT JALPAIGURI 23.12.2025 Court No.01 Item No.17 Avijit Mitra CRM (A) 925 of 2025 In Re:- An application for pre arrest bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023; And In Re: Ratan Sarkar -Petitioner Mr. Sudip Guha, ...for the Petitioner Mr. Kallol Acharjee, Mr. Saikat Chatterjee, Mr. Chattu Roy ...for the State Apprehending arrest in connection with Samuktala Police Station Case No.200 of 2025 dated 02.08.2025 under Sections 103(1)/85/3(5) of the Bharatiya Nyaya Sanhita, 2023, the present application has been preferred.

Mr. Guha, learned advocate appearing for the petitioner submits that on the rudiments of omnibus allegations, the petitioner has been falsely implicated, who happens to be the brother-in-law of the victim. Out of five accused persons, two coaccused persons have already been granted anticipatory bail. The petitioner's prayer for anticipatory bail was rejected by the learned Sessions Judge prior to filing of the chargesheet. Subsequently, the chargesheet was submitted omitting Sections 103(1)/3(5) of BNS. In the said conspectus, custodial interrogation of the petitioner may not be necessary.

Mr. Roy, learned advocate appearing for the State has placed before this Court the case diary including the chargesheet which has already been filed.

Heard the learned advocates appearing for the respective parties.

Considering the nature of accusations, the extent of complicity of the petitioner in the alleged offence and as chargesheet has been submitted omitting Sections 103(1)/3(5) of BNS, I am of the opinion that custodial interrogation of the petitioner is not necessary.

Accordingly, I direct that in the event of arrest the petitioner, namely, Ratan Sarkar shall be released on bail upon furnishing a bond of Rs.10,000/- 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.

The application for anticipatory bail, being CRM (A) 925 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.)