Extracted from the PDF above. The PDF is authoritative.
28.08.2026
SL No.24 Court No.446 S.Gayen IN THE HIGH COURT AT CALCUTTA CRIMINAL MISCELLANEOUS JURISDICTION APPELLATE SIDE
C.R.M.(A) 2256 of 2026
In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Gangarampur Police Station Case No. 327 of 2026 dated 27.05.2026 under Sections 103(1)/85/89/3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 3/4 of the Dowry Prohibition Act. -And- In the matter of: Bablu Sarkar & Ors. …Petitioners
Mr. Kaushik Chowdhury Mr. Dwaipayan Panda …for the Petitioners
Mr. Sagar Saha Ms. Nayana Mukhopadhyay …for the State
1. This instant application has been filed with a prayer for anticipatory bail. 2. Learned counsel appearing on behalf of the petitioners submits that a dispute arose between the victim and the principal accused, being petitioner no. 1, following which the incident occurred. Learned counsel for the petitioners submits that the victim, being over-impulsive, committed suicide and the prosecution has failed to substantiate its case that the accused persons instigated her to commit suicide. He submits that the benefit under Section 482 of the BNSS be extended in favour of the petitioners. 3. Learned counsel for the State produces the case diary and opposes the prayer for anticipatory bail. 4. Heard the learned counsel for the respective parties. Perused the case diary and other materials including the post mortem report. 2
5. The post-mortem report indicates a non-continuous ligature mark on the neck of the victim, which prima facie suggests that the victim committed suicide. There is no medical document showing any miscarriage or abortion. Petitioner no. 3 is aged about 67 years, and petitioner nos. 2 and 3 are women. Considering the role attributed to the present petitioners and further considering that the investigation has proceeded considerably, and there is little likelihood of tampering with the evidence and the petitioners are having their roots in the society, I am of the view that the privilege under Section 482 of the BNSS can be extended in favour of the petitioners. 6. Taking note of this fact, I am of the view that the benefit of Section 482 can be extended in favour of the petitioners. 7. Accordingly, the application for anticipatory bail is, thus, allowed. 8.
I direct that, in the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand only) each, with two sureties of like amount each, to the satisfaction of the arresting officer, and shall also be subject to the conditions as laid down under Section 482(2) of the BNSS, and on the further condition that petitioner no. 1 shall meet the Investigating Officer once a week and shall not leave the jurisdiction of the concerned police station until submission of the charge-sheet. 9. Thus, the application for anticipatory bail being C.R.M. (A) 2256 of 2026 stands disposed of. (Partha Sarathi Chatterjee, J.)