Rakhal Das Vs the State of West Bengal — Anticipatory Bail | Calcutta HC (2025)

Rakhal Das Vs the State of West Bengal — Anticipatory Bail | Calcutta HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted to Rakhal Das: release upon arrest on a bond of Rs. 5,000/- with two sureties of like amount, subject to Section 438(2) CrPC / Section 482(2) BNSS conditions and monthly reporting before the Investigating Officer until charge-sheet submission; jurisdictional court empowered to secure presence or cancel the bail on default without reference to this Court.

Issue for consideration

Whether the petitioner, Rakhal Das, sought under anticipatory bail provisions of Section 482 BNSS, 2023 in connection with Bhaktinagar Police Station Case No. 642 of 2025, should be granted anticipatory bail, i.e., whether custodial interrogation of him is warranted at this stage.

Court's answer

The statement of the victim recorded under Section 164 CrPC, 1973 (corresponding to Section 183 BNSS, 2023) does not disclose any involvement of the petitioner in the commission of the alleged offences.

Ratio / Principle

In view of the materials on record, custodial interrogation of the petitioner is not warranted at this stage.

Key takeaways

The petitioner shall, in the event of arrest, be released on bail upon furnishing a bond of Rs. 5,000/- with two sureties of like amount, subject to the conditions under Section 438(2) CrPC / Section 482(2) BNSS and on the further condition of monthly reporting before the Investigating Officer until submission of the charge-sheet; on default in appearance the jurisdictional court may take appropriate steps, including cancellation of the anticipatory bail, without further reference to this Court.ratio¶15

Detailed headnote1 paragraphs

ANTICIPATORY BAIL – Section 482 BNSS, 2023 – CRM (A) 563 of 2025 (Kausik Chanda, J., 19.08.2025): Anticipatory bail granted to Rakhal Das in connection with Bhaktinagar Police Station Case No. 642 of 2025 dated 02.07.2025 under Sections 329(4)/126(2)/117(2)/118(2)/109(1)/351(2)/3(5) BNS. The victim's statement recorded under Section 164 CrPC (corresponding to Section 183 BNSS) did not disclose the petitioner's involvement; with investigation ongoing, custodial interrogation was held not warranted at this stage. Release ordered on a bond of Rs. 5,000/- with two sureties of like amount, subject to Section 438(2) CrPC / Section 482(2) BNSS conditions and monthly reporting before the Investigating Officer until charge-sheet; jurisdictional court free to cancel on default without further reference.

IN THE HIGH COURT AT CALCUTTA Circuit Bench at Jalpaiguri Criminal Miscellaneous Jurisdiction 19.08.2025. Appellate Side

Sl. 24 AKG Ct. 01 Allowed

CRM (A) 563 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. 642 of 2025 dated 02.07.2025 under Sections 329(4)/126(2)/117(2)/ 118(2)/109 (1)/ 351 (2) /3(5) of the Bharatiya Nyaya Sanhita.

And

In the matter of : Rakhal Das

… Petitioner

Mr. Debajit Kundu, Ms. Rajyashree Ghosh ..for the Petitioner Mr. Saikat Chatterjee, Mr. Chattu Roy

..for the State

The statement of the victim recorded under Section 164 of the Code of Criminal Procedure, 1973, corresponding to Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023, does not disclose any involvement of the petitioner in the commission of the alleged offences.

The learned advocate appearing on behalf of the State has opposed the prayer for anticipatory bail.

The investigation is currently ongoing.

In view of the materials on record, I am of the considered opinion that custodial interrogation of the petitioner is not warranted at this stage.

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Accordingly, it is directed that the petitioner, namely Rakhal Das, in the event of his arrest, shall be released on bail upon furnishing a bond of ₹5,000/- (Rupees Five Thousand only), with two sureties of like amount, to the satisfaction of the learned Chief Judicial Magistrate, Jalpaiguri. This shall be subject to the conditions prescribed under Section 438(2) of the Code of Criminal Procedure, 1973, corresponding to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), and on the further condition that the petitioner shall report before the Investigating Officer once every month until the submission of the charge-sheet.

In the event of any default in appearance, the jurisdictional court shall be at liberty to take appropriate steps to secure the petitioner’s presence, including cancellation of the anticipatory bail granted herein, without any further reference to this Court.

Accordingly, CRM (A) 563 of 2025 stands allowed.

Let an urgent photostat certified copy of this order, if applied for, be supplied to the learned advocates for the parties on the usual undertakings.

(Kausik Chanda, J.)

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