Rakesh P v. The State

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** CRM(A)/8/2025 In Re:- An application for anticipatory bail under section 482 of the BNSS, 2023 filed on 28.11.2025 in connection with G. R. Case No. 219 of 2025, FIR No. 64 of 2025 dated 04.04.2025, Police Station Aberdeen under Sections 69/318 of the BNS, 2023.

And In the matter of Rakesh P Vs The State Mr. Rakesh Kumar ... for the petitioner Mr. Sumit Kumar Karmakar ... for the State December 01, 2025 [AKB] Item No.3 The petitioner is booked in connection with Aberdeen PS Case No. 64 of 2025 dated 04.04.2025 connected with G.R. Case No. 219 of 2025, now pending before the learned Chief Judicial Magistrate, Port Blair. The allegations against the petitioner is under Sections 69/318 of BNS, 2023. Mr. Rakesh Kumar, learned Advocate for the petitioner has submitted that during the entire investigation, the petitioner has duly cooperated with the investigating authority. He says that after completion of investigation, charge sheet has been submitted.

He has indicated to the summons issued by the learned Chief Judicial Magistrate, Port Blair directing the petitioner to appear before the Court. Also Mr. Rakesh Kumar, learned

Advocate for the petitioner has submitted that the prayer made by the petitioner before the learned Sessions Judge, Andaman and Nicobar Islands, Port Blair, for anticipatory bail of the petitioner has been rejected vide an Order dated October 08, 2025.

According to Mr. Sumit Kumar Karmakar, learned Public Prosecutor in accordance with the statutory provision, the Chief Judicial Magistrate has duly issued notice upon the accused person/ present petitioner, after receipt of charge sheet in the case. He submits that the petitioner has to answer the said notice of the Chief Judicial Magistrate in accordance with law. In this case, it is the contention of the State that the petitioner has no apprehension of arrest at this moment and the learned Trial Court shall in due course, proceed in accordance with law in granting bail or otherwise to the petitioner. Hence, according to Mr. Sumit Kumar Karmakar, learned Public Prosecutor this application for bail filed by the petitioner is not maintainable.

Having heard both the learned Advocates and perusing the record, it appears that during the entire period of investigation the petitioner has cooperated with the investigating authority. Charge sheet has been submitted against him pursuant to which the Chief Judicial Magistrate, Port Blair has issued the notice dated 16th June, 2025. The Court is of considered opinion that for the petitioner to file a prayer for anticipatory bail is not restricted within a time limit in accordance with law.

for anticipatory bail before the Court. Since charge sheet has been submitted against the petitioner with regard to an offence which is non bailable and triable by the Sessions Court, such apprehension of the petitioner cannot be ruled out. For the reason as stated above, the submissions made by Mr. Sumit Kumar Karmakar, learned Public Prosecutor is not acceptable at this moment. So far as contention of the State regarding non maintainability of the instant bail petition, the same is not tenable, considering the facts and circumstances as discussed above. Hence, I find it proper to allow the anticipatory bail of the petitioner namely Rakesh P.

The instant application is allowed. The petitioner is granted anticipatory bail.

In the event of arrest the petitioner, Rakesh P be released on bail after furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only), with two registered sureties of Rs. 5000/- each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Port Blair. The petitioner is however directed to appear before the learned Chief Judicial Magistrate, Port Blair in response to the notice dated 16th June, 2025 and make prayer for regular bail in accordance with law.

(Rai Chattopadhyay, J.)