Kakali Barman and Anr. Vs State of West Bengal — Anticipatory Bail | Calcutta HC (2025)

Kakali Barman and Anr. Vs State of West Bengal — Anticipatory Bail | Calcutta HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail allowed for petitioner no. 1 (Kakali Barman) — release on arrest upon bond of Rs.10,000/- with two sureties of like amount each (one local), subject to S.482(2) BNSS / S.438(2) CrPC conditions; anticipatory bail application of the other petitioner rejected; application disposed of.

Issue for consideration

Whether anticipatory bail should be granted to the two applicants in connection with Hingalganj Police Station Case No. 220 of 2025 pursuant to Section 482 of the BNSS.

Court's answer

Anticipatory bail granted to petitioner no. 1 (Kakali Barman).

Ratio / Principle

The grant to petitioner no. 1 rested on the court weighing the incriminating case-diary materials against the fact that she is the female member of the household.

Key takeaways

The application for anticipatory bail of the petitioner other than petitioner no. 1 (Kakali Barman) was rejected.ratio¶11
In the event of arrest, petitioner no. 1 shall 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 Arresting Officer, subject to the conditions under Section 482(2) BNSS corresponding to Section 438(2) CrPC 1973.ratio¶13

Detailed headnote1 paragraphs

Anticipatory bail applications (taken up together) under Section 482 of the Bharatiya Suraksha Nagarik Sanhita in connection with Hingalganj Police Station Case No. 220 of 2025 dated 08.09.2025 under Sections 329(3)/318(4)/316(2)/338/336(3)/340(2)/351(2)/(5) of the BNS 2023, where the prosecution alleged that gift deeds were manufactured and shown to have been executed by two deceased persons in favour of two other deceased persons, the petitioners being heirs of the alleged donees who thereby obtained the property as beneficiaries of the illegal acts. The court granted anticipatory bail to petitioner no. 1, Kakali Barman, considering the incriminating materials in the case diary and the fact that she is the female member of the household — release on arrest upon bond of Rs.10,000/- with two like-amount sureties (one local) to the satisfaction of the Arresting Officer, subject to Section 482(2) BNSS conditions corresponding to Section 438(2) CrPC 1973 — while the application of the other petitioner was rejected; applications disposed of. (Jay Sengupta, J., 19.12.2025)

19.12.2025 Court No.28 Item No.14 ssi

CRM (A) 3541 of 2025

In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Suraksha Nagarik Sanhita in connection with Hingalganj Police Station Case No. 220 of 2025 dated 08.09.2025 under Sections 329 (3)/318(4)/316(2)/338/336(3)/340(2)/351(2)/(5) of the BNS 2023.

And In the matter of: Kakali Barman & another. ….Applicants/Petitioners. Mr. Asis Bhattacharyya …for the petitioners Mr. Md. Adil Badr, Ld. Jr. Govt. Adv. Md. Ejaz Akhtar ..for the State

As the two applications for anticipatory bail pertain to the same police case, they are taken up for hearing together.

Heard the learned counsels for the parties.

Perused the case diary.

Prosecution case is that the gift deeds were manufactured and shown to have been executed by two persons who were already deceased, in favour of two other deceased persons. In this fashion, the present petitioners who are the heirs of the alleged donees, obtained the property. The petitioners were thus the beneficiaries of the alleged illegal acts.

Considering the above and the other incriminating materials available in the case diary and the fact that the first petitioner in this application is the female member of the household, while I am inclined to grant anticipatory bail to the petitioner no.1 (Kakali

2

Barman) in CRM (A) 3541 of 2025, the application for anticipatory bail of the other petitioner is rejected.

Accordingly, the application for anticipatory bail of the petitioner no.1 is allowed.

In the event of arrest, the petitioner no.1 (Kakali Barman) shall 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 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, 2023.

The application for anticipatory bail is, thus, disposed of.

(Jay Sengupta, J.)