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

Neru Das 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 on a bond of Rs.15,000 with two sureties of Rs.7,500 each, subject to Section 482(2) BNSS conditions, monthly meetings with the Investigating Officer till conclusion of investigation, and appearance on every date before the jurisdictional Court, failing which the jurisdictional Court may cancel the anticipatory bail without further reference to the High Court.

Issue for consideration

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

Court's answer

Considering all the documents referred to in the record as well as the Case Diary, the prayer for anticipatory bail stands allowed.

Ratio / Principle

The petitioner is enlarged on anticipatory bail upon furnishing a bond of Rs.15,000 with two sureties of Rs.7,500 each, subject to the conditions under Section 482(2) of the BNSS (corresponding to Section 438(2) CrPC), on condition that he meets the Investigating Officer once a month till conclusion of investigation and appears on every date before the jurisdictional Court; in default, the jurisdictional Court may secure his presence including cancelling the anticipatory bail without further reference to the High Court.

Detailed headnote1 paragraphs

Anticipatory bail — Section 482, Bharatiya Nagarik Suraksha Sanhita, 2023 — Allowed. The High Court at Calcutta (Circuit Bench at Jalpaiguri), by order dated 21.07.2025 (Bibhas Ranjan De, J.), allowed C.R.M.(A) 439 of 2025 filed by Neru Das (styled 'Naru Das' in the operative order) seeking anticipatory bail 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. Considering the documents on record and the Case Diary, the petitioner was enlarged on bail upon a bond of Rs.15,000 with two sureties of Rs.7,500 each, subject to the conditions of Section 482(2) BNSS (corresponding to Section 438(2) CrPC), a monthly meeting with the Investigating Officer till conclusion of investigation, and appearance on every date before the jurisdictional Court, with liberty to that Court to secure presence including cancellation of the anticipatory bail in default, without further reference to the High Court. Case Diary directed to be returned. No precedent was cited or decided upon.

21.07.2025 IN THE HIGH COURT AT CALCUTTA Item No. 06 CIRCUIT BENCH AT JALPAIGURI Ct. No. 03 CRIMINAL MISCELLANEOUS JURISDICTION

RUP

Allowed

C.R.M.(A) 439 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 : Neru Das

...… petitioner

Mr. Bibek Tarafder

.…for the petitioner

Mr. Ujjwal Luksom, Mr. Sagnik Sankar Sikdar.

.…for the State

Learned counsel appearing on behalf of the petitioner has prayed for anticipatory bail.

It has been submitted that there is no specific allegation against the petitioner. That apart, the complaint has been filed as counter-blast on account of long pending dispute between the parties.

Learned counsel appearing on behalf of the State has submitted that there is no specific allegation under Sections 376/511 of the Indian Penal Code.

Considering all the documents referred to in the record as well as the Case Diary, the prayer for anticipatory bail stands allowed.

2

Accordingly, the petitioner/Naru Das 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 438(2) of the Code of Criminal Procedure, 1973, corresponding to 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) 439 of 2025 for anticipatory bail is, thus, allowed.

Case Diary be returned.

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.)

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