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2026 DAILYLAW 37448 (CAL)

SUMAN DAS v. STATE OF WEST BENGAL AND ANR

CRM (A)/1925/2026 · 2026-09-02

Ajay Kumar Gupta

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

02.09.2026 Sl.No. 2 Ct. 39 Allowed Amalranjan In The High Court At Calcutta Criminal Miscellaneous Jurisdiction Appellate Side CRM (A) No. 1925 of 2026 In Re: An application for Anticipatory Bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023/corresponding to under Section 438 of the Code of Criminal Procedure, 1973; filed in connection with GR Case no. 853 of 2026 arising out of Kumarganj Police Station Case No. 164 of 2026 dated 16.05.2026 under Sections 69/115(2)/351(3)/3(5) of Bharatiya Nyaya Sanhita, 2023. -And- In the matter of : Suman Das … Petitioner Mr. Sayan Kanjilal ….for the petitioner Mr. Anurag Sardar ……..for the State 1. Despite notified by the State, none appears on behalf of the defacto-complainant. 2. Memo of evidence as well as service report filed by the State, are taken on record. 3. It is submitted by learned counsel appearing on behalf of the petitioner that the present petitioner is innocent. The victim and petitioner shared a romantic relationship since 2019. He has been falsely implicated in this case. He prays for anticipatory bail in any terms and conditions. 4. Learned counsel appearing on behalf of the State produces the memo of evidence and case diary and also 2 relies upon the statement recorded under Section 183 of the BNSS of the victim and opposes the prayer for anticipatory bail of the present petitioner. 5. Having heard the learned counsels for the respective parties and on perusal of the materials available on record, memo of evidence as well as the case diary including the statement of the victim, this court finds that the allegation is on the pretext of marriage, the petitioner committed the alleged offence. Considering the materials collected during the investigation as well as the statement of the victim, this court is of the opinion that this is a fit case for granting anticipatory bail to the petitioner as there is no need for custodial interrogation/detention. 6. Accordingly, the prayer for anticipatory bail of the petitioner, namely, Suman Das is allowed. 7. In the event of arrest, the petitioner shall be released on bail to the satisfaction of the arresting officer on the terms and conditions as he deems fit and proper and also subject to the conditions as laid down under Section 438(2) of the Cr.P.C. corresponding to Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. 8. In the event the petitioner fails to comply with any of the conditions mentioned above, the prosecution shall be at liberty to pray for cancellation of the anticipatory bail granted by this Court in accordance with law. 3 9. The application for anticipatory bail is, thus, disposed of. 10. All parties shall act on the server copies of this order duly downloaded from the official website of this court. 11. Concerned Department is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities. ( Ajay Kumar Gupta, J. )