Sanjay Halder Vs the State of West Bengal and Anr. — Anticipatory Bail | Calcutta HC (2025)

Sanjay Halder Vs the State of West Bengal and Anr. — Anticipatory Bail | Calcutta HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner enlarged on bail upon bond of Rs.15,000 with two sureties of Rs.7,500 each to the satisfaction of the arresting officer, subject to Section 482(2) BNSS conditions, monthly meetings with the Investigating Officer till conclusion of investigation, and appearance before the jurisdictional Court on every date, failing which that Court may secure presence including cancellation of the anticipatory bail without further reference to this Court.

Issue for consideration

Whether anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 should be granted to the petitioner in connection with Bhaktinagar Police Station Case No. 448 of 2025.

Court's answer

Considering the facts and circumstances, the Court allowed the prayer for anticipatory bail.

Ratio / Principle

The petitioner is enlarged on bail upon furnishing a bond of Rs.15,000 (Fifteen Thousand Only) with two sureties of Rs.7,500 each, to the satisfaction of the arresting officer.

Key takeaways

Bail is subject to the conditions laid down under Section 482(2) of the BNSS and to further conditions that the petitioner shall meet the Investigating Officer once in a month till the conclusion of investigation, and shall appear before the jurisdictional Court on every date from the date fixed for appearance of the accused.ratio¶18
On default in appearance, the jurisdictional Court will pass appropriate order to secure the presence of the petitioner, including cancelling the anticipatory bail granted, without further reference to this Court.ratio¶18

Detailed headnote1 paragraphs

HIGH COURT AT CALCUTTA (Circuit Bench, Jalpaiguri), Criminal Miscellaneous Jurisdiction — C.R.M.(A) 438 of 2025, decided 21.07.2025 by Bibhas Ranjan De, J. Anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 sought by petitioner (named 'Sanjay Halder' in the caption; addressed as 'Sanjoy Halder' in the operative order) in connection with Bhaktinagar Police Station Case No. 448 of 2025 dated 17.05.2025 under Sections 329(4)/115(2)/117(2)/76/64/62/351(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023, pending before the Learned Chief Judicial Magistrate, Jalpaiguri. Counsel for the petitioner urged that the case was a counter-blast, pointing to a written complaint dated 16.05.2025 lodged at 00.35 hours, and that there was no specific allegation against the petitioner; the State relied on statements recorded under Section 183 of the BNSS, particularly of the victim and her daughter. Considering the facts and circumstances, the Court allowed the prayer: enlargement on bail upon a bond of Rs.15,000 (Fifteen Thousand Only) with two sureties of Rs.7,500 each to the satisfaction of the arresting officer, subject to the conditions under Section 482(2) of the BNSS, with further conditions of monthly meetings with the Investigating Officer till the conclusion of investigation and appearance before the jurisdictional Court on every date from the date fixed; on default, the jurisdictional Court may pass appropriate orders to secure the petitioner's presence, including cancelling the anticipatory bail, without further reference to this Court.

21.07.2025 IN THE HIGH COURT AT CALCUTTA Item No. 05 CIRCUIT BENCH AT JALPAIGURI Ct. No. 03 CRIMINAL MISCELLANEOUS JURISDICTION

RUP

Allowed

C.R.M.(A) 438 of 2025

In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Bhaktinagar Police Station Case No. 448 of 2025 dated 17.05.2025 under Sections 329(4)/ 115(2)/ 117(2)/ 76/64/ 62/ 351(2)/ 3(5) of Bharatiya Nyaya Sanhita, 2023 , pending before the Court of the Learned Chief Judicial Magistrate, Jalpaiguri .

And

In the matter of : Sanjay Halder

...… petitioner

Mr. Bibek Tarafder

.…for the petitioner

Mr. Aditi Shankar Chakraborty, Ld APP (VC) Mr. Ujjwal Luksom, Mr. Sagnik Sankar Sikdar. .…for the State

Learned counsel appearing on behalf of the petitioner has prayed for anticipatory bail submitting, inter alia, that this case was filed as counter-blast.

In support of this contention he has referred to the written complaint dated 16.05.2025 which was lodged before the jurisdictional police station at 00.35 hours.

That apart, learned counsel appearing on behalf of the petitioner has submitted that there is no specific allegation against the petitioner/ Sanjay Halder.

In opposition to that, learned counsel appearing on behalf of the State has referred to the statement recorded under Section 183 of the BNSS particularly, the statement of victim and her daughter.

2

Considering the facts and circumstances, the prayer for anticipatory bail stands allowed.

Accordingly, the petitioner/Sanjoy Halder is being enlarged on bail upon furnishing bond of Rs.15,000 (Fifteen Thousand Only) with two sureties Rs.7500/- each to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 482(2) of the BNSS and on further condition that the petitioner shall meet the Investigating Officer once in a month till the conclusion of investigation and 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 default the jurisdictional Court will pass appropriate order to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court.

As a sequel, the application being C.R.M. (A) 438 of 2025 for anticipatory bail is, thus, allowed.

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

Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.

(Bibhas Ranjan De. J.)

3