Extracted from the PDF above. The PDF is authoritative.
01.09.2026 Sl. No. 16 Ct. No. 446 SG [ALLOWED] C. R. M. (A) 2337 of 2026
In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Netaji Nagar Police Station Case No. 93/2026 dated 25.05.2026 under Sections 106(1)/ 3(5) of the Bharatiya Nyaya Sanhita, 2023 read with Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015 with added Section 105 of the Bharatiya Nyaya Sanhita, 2023. And
In Re: Saktipada Jana. … … Petitioner
Mr. Sekhar Kumar Basu, Sr. Adv. Mr. Debapriya Samanta, Mr. Samrat Ghosh, Mr. A.K. Chakraborty, Mr. S. Palit, Mr. S. Howlader, Mr. R. Siddhanta. … for the petitioner
Mr. Subhendu Sinha Roy. … for the State
1. Mr. Basu, learned Senior Advocate appearing for the petitioner, submits that following the sad demise of a student of an educational institution, the following case came to be registered. He submits that the petitioner is an accountant of the said school and that the prosecution has failed to bring on record any material linking the present petitioner with the offence. He submits that, in the complaint, there is no allegation of any specific overt act against the present petitioner. As such, according to him, custodial interrogation of the present petitioner is not warranted and the benefit under Section 482 of the BNSS can be extended in favour of the petitioner. 2. Mr. Roy, learned Advocate appearing for the State, produces the case diary and memorandum of evidence and opposes the prayer for anticipatory bail. 2
3. Heard the learned Advocates appearing for the respective parties and perused the case diary and other materials on record. The materials on record indicate that the deceased fell ill in his class, whereafter he was attended to by the class teacher and ultimately, he suffered a head injury and subsequently succumbed to his injuries. The post-mortem report indicates that the death was due to ante-mortem intracranial haemorrhage. However, no material is available in the CD regarding any overt act on the part of the petitioner. In the absence of any material demonstrating the need for custodial interrogation of the present petitioner, I am of the view that the benefit under Section 482 of the BNSS can be extended in favour of the petitioner. 4. In view of the above, the prayer for anticipatory bail is allowed. 5.
Accordingly, I direct that, in the event of arrest, the petitioner, viz. Saktipada Jana be released on bail upon furnishing a bond of Rs.10,000/-, with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Alipore, South 24 Parganas and also subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and on further condition petitioner shall meet the investigating officer once in a week until submission of charge-sheet. 6. The application for anticipatory bail is, thus, disposed of. (Partha Sarathi Chatterjee, J.)