Chiran Das@Chiranjit Das and Ors. Vs the State of West… — Anticipatory Bail | Calcutta HC (2025)

Chiran Das@Chiranjit Das and Ors. Vs the State of West… — Anticipatory Bail | Calcutta HC (2025)

What the court decided

AI extract

Outcome

Application for anticipatory bail allowed and disposed of; petitioners Chiran Das @ Chiranjit Das, Prashanta Das and Subrata Kungar to be released on arrest on a personal bond of Rs.10,000/- each with two sureties of like amount (one local), subject to Section 438(2) CrPC / Section 482(2) BNSS conditions, fortnightly reporting to the Investigating Officer, and meeting the Investigating Officer within seven days.

Issue for consideration

Whether the petitioners, neighbours of the prime accused Totan Das, are entitled to anticipatory bail in connection with Boxirhat Police Station Case No. 59 of 2025.

Court's answer

The victim girl's statement recorded under Section 164 Cr.P.C. does not implicate the petitioners at all; the only allegation is against Totan Das.

Ratio / Principle

Although the charge sheet is yet to be filed, immediate custodial interrogation of the petitioners is not necessary so long as they cooperate with the Investigating Officer.

Key takeaways

Anticipatory bail granted: in the event of arrest, the petitioners are to be released on a bond of Rs.10,000/- each with two sureties of like amount (one local), subject to the conditions of Section 438(2) CrPC / Section 482(2) BNSS, 2023, and to reporting to the Investigating Officer once a fortnight and as and when called, and to meeting the Investigating Officer within seven days.ratio¶5

Detailed headnote1 paragraphs

Anticipatory bail — granted. Calcutta High Court (Circuit Bench at Jalpaiguri, Appellate Side), CRM (A) 136 of 2025, decided 09.04.2025 by Arijit Banerjee, J. Petitioners Chiran Das @ Chiranjit Das, Prashanta Das and Subrata Kungar, neighbours of the prime accused Totan Das (a juvenile at the time of the incident, already granted bail by the Juvenile Justice Board), sought anticipatory bail in Boxirhat Police Station Case No. 59 of 2025 dated 08/02/2025 under Sections 126(2)/115(2)/351(2)(3)/3(5) of the Bharatiya Nyaya Sanhita Act, 2023 read with Sections 8/17 of the Protection of Children of Sexual Offences Act. The victim girl's statement under Section 164 Cr.P.C. did not implicate the petitioners; the allegation was solely against Totan Das. Although the charge sheet was yet to be filed, the court held custodial interrogation unnecessary provided the petitioners cooperated with the Investigating Officer, and allowed the application: release on arrest upon a bond of Rs.10,000/- each with two sureties of like amount (one local), subject to the conditions in Section 438(2) CrPC / Section 482(2) BNSS, 2023, reporting to the Investigating Officer once a fortnight and as called, and meeting him within seven days.

34. 09.04.2025 Court No.1 (Papiya)

Allowed

CALCUTTA HIGH COURT IN THE CIRCUIT BENCH AT JALPAIGURI APPELLATE SIDE

CRM (A) 136 of 2025

In Re: - An application for anticipatory bail under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Boxirhat Police Station Case No. 59 of 2025 dated 08/02/2025 under Sections 126(2)/115(2)/351(2)(3)/3(5) of the Bharatiya Nyaya Sanhita Act, 2023 and read with Sections 8/17 of Protection of Children of Sexual Offences Act. And

In the matter of: - Chiran Das @ Chiranjit Das & Ors.

…petitioners.

Mr. Sudip Guha, Adv. Mr. Nilay Chakraborty, Adv. Mr. Dhiman Sil, Adv. Mr. Tapan Bhattacharjee, Adv.

…for the petitioners.

Mr. Nilay Chakraborty, Adv. Mr. Dhiman Sil, Adv. Mr. Tapan Bhattacharjee, Adv. …for the State.

1. The petitioners says that they are neighbours of the prime accused namely Totan Das, who was a juvenile at the time of the alleged incident. Totan has been granted bail by the Juvenile Justice Board. The petitioners pray for anticipatory bail.

I have seen the statement of the victim girl recorded under Section 164 Cr.P.C. She does not implicate these petitioners at all. The only allegation is against Totan Das.

In view of the aforesaid, although charge sheet is yet to be filed, I am of the view that immediate custodial interrogation of the petitioners is not necessary so long as they cooperate with the Investigating Officer.

2

Hence, I am inclined to allow his prayer for anticipatory bail.

Accordingly, in the event of arrest, the petitioners, namely, Chiran Das @ Chiranjit Das, Prashanta Das and Subrata Kungar , shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand) each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer and shall abide by the conditions laid down in Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, until further orders and on further condition that the petitioner shall meet the Investigating Officer of this case once in a fortnight and as and when call for, until further orders. Within seven days from date, the petitioner shall go and meet the Investigating Officer of the concerned police station .

The application for anticipatory bail being CRM (A) 136 of 2025 is, thus, allowed and disposed of.

Criminal Section is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities.

(Arijit Banerjee, J.)