Buddhadeb Sharma Vs State of West Bengal — Cheating and Forgery | Calcutta HC (2025)

Buddhadeb Sharma Vs State of West Bengal — Cheating and Forgery | Calcutta HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted to Buddhadeb Sharma: upon arrest, release on bail on a bond of Rs.10,000/- with one surety of like amount to the satisfaction of the Arresting Officer, subject to the conditions of Section 438(2) CrPC corresponding to Section 482(2) BNSS, compulsory appearance before the jurisdictional Court on every date fixed, and liability of the anticipatory bail to cancellation by the jurisdictional Court upon any violation; the application stands disposed of.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner, Buddhadeb Sharma, identified by his counsel as the President of the Managing Committee of the school, in connection with Bankura Police Station Case No. 99 of 2025.

Court's answer

After hearing both sides and perusing the case diary, the prayer for anticipatory bail in respect of the petitioner stands allowed.

Ratio / Principle

In the event of arrest, the petitioner is directed to be released on bail upon furnishing a bond of Rs.10,000/- with one surety of like amount, to the satisfaction of the Arresting Officer, and subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure, 1973, corresponding to Section 482(2) of the BNSS.

Key takeaways

The petitioner is further conditioned to appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused.ratio¶5
In case of any violation, the jurisdictional Court shall be at liberty to cancel the anticipatory bail and to take all steps to ensure the production of the petitioner/accused in Court without further reference to this Court.ratio¶5

Detailed headnote1 paragraphs

Anticipatory bail granted — CRM (A) 2027 of 2025, decided 17.07.2025 by Bibhas Ranjan De, J. (single Judge). Application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by Buddhadeb Sharma, identified by counsel as President of the Managing Committee of the school, in connection with Bankura Police Station Case No. 99 of 2025 dated 29.03.2025 under Sections 318(4)/316(2)/316(5)/3(5) of the Bharatiya Nyaya Sanhita, 2023, pending before the learned Chief Judicial Magistrate, Bankura. Counsel for the petitioner submitted that the Headmaster, who had defalcated the school's money, had already been granted anticipatory bail after return of all the defalcated money, referring to a Coordinate Bench order dated 15th May, 2025; counsel for the State conceded the submission. After hearing both sides and perusing the case diary, the prayer for anticipatory bail was allowed: in the event of arrest the petitioner is to be released on a bond of Rs.10,000/- (Rupees Ten Thousand only) with one surety of like amount to the satisfaction of the Arresting Officer, subject to the conditions under Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the BNSS, appearance before the jurisdictional Court on every date fixed from the date fixed for appearance of the accused, and liberty of the jurisdictional Court, upon any violation, to cancel the anticipatory bail and secure the petitioner's production without further reference to this Court. Application stands disposed of.

39 17.07.2025 Ct. No. 32 pg. Allowed

CRM (A) 2027 of 2025

In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Bankura Police Station Case No. 99 of 2025 dated 29.03.2025 under Sections 318(4)/316(2)/316(5)/3(5) of the Bharatiya Nyaya Sanhita, 2023, pending before the Court of the learned Chief Judicial Magistrate, Bankura.

And

In the matter of : Buddhadeb Sharma

...… Petitioner

Mr. Soumik Ganguli Ms. Chandana Chakraborty … For the petitioner

Ms. Sreyashee Biswas Ms. Sonali Bhar … For the State

The instant application has been filed with a prayer for anticipatory bail.

Learned counsel appearing on behalf of the petitioner has submitted that this is a case of defalcation of money of the school by the Headmaster who was granted anticipatory bail after return of all the defalcated money. He has referred to the order dated 15^th May, 2025 whereby a Coordinate Bench granted anticipatory bail to the Headmaster of the school. He has prayed for anticipatory bail of the President of the Managing Committee/petitioner herein.

Learned counsel appearing on behalf of the State has also conceded the submission advanced on behalf of the petitioner.

After hearing both sides as well as perusing the case diary, the prayer for anticipatory bail in respect of the petitioner stands allowed .

2

Accordingly, I direct that in the event of arrest, the petitioner, namely, Buddhadeb Sharma shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand only), with one surety of like amount, to the satisfaction of the Arresting Officer and also be 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 BNSS and also on condition that the petitioner shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in case of any violation, the jurisdictional Court shall be at liberty to cancel the anticipatory bail and to take all steps to ensure the production of the petitioner/accused in Court without further reference to this Court.

Accordingly, CRM (A) 2027 of 2025 stands disposed of.

All parties shall act on the basis of a server copy of this order duly downloaded from the official website of this Court.

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

(Bibhas Ranjan De, J.)