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2026 DAILYLAW 22897 (CAL)

GAUTAM SINHA v. STATE OF WEST BENGAL

/1476/2026 · 2026-06-10

Jay Sengupta

body2026

Judgment text

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10.06.2026 Court No.28 Item No.84 tbsr Reject CRM (A) 1476 of 2026 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure read with Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Daspur P.S. Case No. 98 of 2026 dated 08.03.2026 under Section 108 of the Bharatiya Nyaya Sanhita, 2023 adding Section 107 of the Bharatiya Nyaya Sanhita, 2023. And In the matter of: Gautam Sinha ….Petitioner. Mr. Anshuman Chakraborty Mr. Rajib Kumar Acharyya Mr. Banshi Badan Maity …for the petitioner Mr. Gurudas Mitra ….for the State Mr. Uday Narayan Betal Mr. Bhaskar Hutait Mr. Mriganka Patra ….for the de facto complainant Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner is a teacher in the school where the informant’s minor daughter was studying. The petitioner has been falsely implicated in this case. Learned counsel appearing on behalf of the State relies on the case diary and strongly opposes the prayer for anticipatory bail. He refers to the post mortem report, the statements of witnesses and screen shots of missed calls. It is the prosecution case that, during the preceding night between 2.35 a.m. and 3.50 a.m., the present petitioner, who was only a teacher of the minor victim girl, gave at least six missed calls to her. Soon thereafter, the victim committed suicide. The petitioner has now absconded. The mobile phone of the petitioner is required for finding out the real truth. It is also claimed 2 in the statement of the de facto complainant that, on the day after the victim died, the petitioner came to their residence and asked the de facto complainant not to hand over the victim’s phone to the police. Learned counsel appearing on behalf of the de facto complainant strongly opposes the prayer for anticipatory bail. Considering the above and the other incriminating materials available in the case diary, I do not consider this to be a fit case for granting anticipatory bail. The application for anticipatory bail is, thus, rejected. Urgent photostat certified copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all formalities. (Jay Sengupta, J.)