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Calcutta High Court · body

2026 DAILYLAW 30995 (CAL)

HASI PAUL AND ORS v. THE STATE OF WEST BENGAL

CRM(A)/568/2026 · 2026-07-29

Shampa Sarkar

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

29.07.2026 Ct. No. 11 SL No.25 Cp CALCUTTA HIGH COURT IN THE CIRCUIT BENCH AT JALPAIGURI CRM (A) No. 568 of 2026 In Re: - An application for anticipatory bail under section 438 of the Code of Criminal Procedure, 1973/Section 482 of the B.N.S.S. 2023, in connection with Tufanganj Police Station Case No.320 of 2026, dated 03.06.2026 under Sections 108/3(5) of the BNS. And In the matter of: Hasi Paul & Ors. ….Petitioners. Mr. Swarup Das …for the Petitioners. Ms. Panchali Deb Sikder (Nag) Mr. Gobinda Saha Mr. Sanjib Kumar Deb … for the State. The petitioners pray for pre-arrest bail. Petitioner no. 1 is the wife of the deceased and the petitioner nos. 2 and 3 are the in-laws of the deceased. It is submitted that the complaint has been filed by the mother of the victim out of anger. The victim committed suicide as he was mentally disturbed. Learned advocate for the State opposes the prayer for grant of pre-arrest bail and submits that the FIR discloses that the deceased had suffered mental set-backs specially on the ground of loss of the child and undue demands from the petitioners. Thus, the petitioners abetted the commission of suicide. Considering the nature of the allegation and the role ascribed to the petitioners, this court is inclined to allow the prayer of the petitioners. The petitioner no. 1 also lost the child at its birth. 2 Accordingly, this court directs that, in the event of arrest, the petitioners 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 438(2) of the Code of Criminal Procedure, 1973, corresponding to Section 482(2) of the B.N.S.S. 2023. The petitioner no. 2 shall meet the investigating officer once a week. All the petitioners shall cooperate till conclusion of the investigation and shall not intimidate witnesses or tamper with evidence in any manner whatsoever. The petitioners shall also not leave the jurisdiction of the Tufanganj police station. In case the petitioners fail to adhere to any of the conditions stated above, the learned jurisdictional court shall be entitled to cancel the bail without further reference to this court. The application for anticipatory bail, thus, disposed of. All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Shampa Sarkar, J.)