Amitabh Roy Vs the State of West Bengal — Anticipatory Bail | Calcutta HC (2025)

Amitabh Roy Vs the State of West Bengal — Anticipatory Bail | Calcutta HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted to Amitabh Roy: on arrest, release upon bond of Rs.10,000/- with two sureties of like amount each to the satisfaction of the arresting officer, subject to Section 482(2) BNSS 2023 conditions; monthly reporting before the Investigating Officer till conclusion of investigation; appearance before the Jurisdictional Court on every date from the date fixed, failing which the Jurisdictional Court may secure his presence including by cancelling 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, Amitabh Roy, in connection with Narendrapur Police Station Case No. 847 dated 15.07.2024 (Sections 417/419/420/406/120B IPC) pending before the Additional Chief Judicial Magistrate at Alipore.

Court's answer

Having regard to the petitioner's compliance with the Coordinate Bench direction dated February 25, 2025 (deposit of Rs.25 lakh with the learned Trial Court) and considering the materials in the case diary, the Court did not find it necessary to place the petitioner in detention at this stage.

Ratio / Principle

Considering the nature of the incident, the involvement of the petitioner therein and the nature of injuries, the Court granted anticipatory bail to the petitioner.

Key takeaways

Terms of release directed: in the event of arrest, the petitioner is to be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each to the satisfaction of the arresting officer, subject to the conditions under Section 482(2) of the B.N.S.S., 2023; he is to report before the Investigating Officer once a month till conclusion of the investigation and to appear on every date before the Jurisdictional Court from the date fixed for appearance of the accused, in default of which the Jurisdictional Court may pass appropriate orders to secure his presence, including cancelling the anticipatory bail, without further reference to this Court.ratio¶19
On the side-issue of the deposited amount: since the defacto complainant's withdrawal application was rejected by the Jurisdictional Court, the Court left it to her to take appropriate steps with regard to her prayer for withdrawal of the amount.obiter¶15

Detailed headnote1 paragraphs

Anticipatory bail under Section 482 BNSS 2023 granted (decision dated 12.03.2025) to Amitabh Roy in connection with Narendrapur Police Station Case No. 847 dated 15.07.2024 under Sections 417/419/420/406/120B IPC, pending before the learned Additional Chief Judicial Magistrate at Alipore. Grant premised on the petitioner's compliance with the Coordinate Bench direction dated February 25, 2025 (deposit of Rs.25 lakh with the learned Trial Court) and on the materials in the case diary; detention found unnecessary at this stage considering the nature of the incident, the petitioner's involvement therein and the nature of injuries. Conditions: bond of Rs.10,000/- with two sureties of like amount each to the satisfaction of the arresting officer; subjection to Section 482(2) BNSS 2023 conditions; reporting before the Investigating Officer once a month till conclusion of investigation; appearance before the Jurisdictional Court on every date from the date fixed for appearance of the accused, default permitting the Jurisdictional Court to secure presence including cancellation of the anticipatory bail without further reference to this Court. The defacto complainant's application for withdrawal of the deposited amount having been rejected by the Jurisdictional Court, she was left to take appropriate steps regarding her withdrawal prayer. Joint decision of Debangsu Basak and Smita Das De, JJ.; application allowed.