Tarun Banerjee Vs State of West Bengal — Anticipatory Bail | Calcutta HC (2025)

Tarun Banerjee Vs State of West Bengal — Anticipatory Bail | Calcutta HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted: in the event of arrest, release on bail on 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 438(2) CrPC 1973 / Section 482(2) BNSS, a monthly meeting with the Investigating Officer till conclusion of investigation, and appearance on every date before the jurisdictional Court.

Issue for consideration

Whether the petitioner is entitled to anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Belda Police Station Case No. 08 of 2025.

Court's answer

Apparently, the petitioner is cooperating with the investigation.

Ratio / Principle

The allegation as to whether the petitioner was involved in the alleged defalcation of a sum slightly in excess of Rs. 1 lakh may be decided at the trial; the petitioner is a teacher.

Key takeaways

Anticipatory bail is granted to the petitioner.ratio¶11
In the event of arrest, the petitioner shall be released on bail on 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 438(2) CrPC 1973 corresponding to Section 482(2) BNSS, on condition that the petitioner shall meet the Investigating Officer once a month till conclusion of investigation, and on condition that the petitioner shall appear on every date before the jurisdictional Court from the date fixed for appearance, failing which the jurisdictional Court may pass appropriate orders to secure the petitioner's presence including cancelling the anticipatory bail without further reference to this Court.ratio¶13

Detailed headnote1 paragraphs

Anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 - application allowed in connection with Belda Police Station Case No. 08 of 2025 dated 06.01.2025 under Section 409 IPC, corresponding to Section 316(5) of the Bhartiya Nyaya Sanhita, 2023, pending before the Learned Additional Sessions Judge, 1st Court, Paschim Medinipur - petitioner, a teacher, allegedly involved in defalcation of a sum slightly in excess of Rs. 1 lakh; allegation held to be decidable at trial - petitioner apparently cooperating with investigation; interim protection earlier extended by coordinate Bench on March 6, 2025 - anticipatory bail granted on furnishing a bond of Rs. 10,000 with two sureties of like amount each to the satisfaction of the arresting officer, subject to conditions under Section 438(2) CrPC 1973 corresponding to Section 482(2) BNSS, monthly meeting with the Investigating Officer till conclusion of investigation, and appearance on every date before the jurisdictional Court, default permitting the jurisdictional Court to secure presence including cancellation of the anticipatory bail without further reference to the High Court.

20.03.2025 Item No.22 Ct. No. 26

CHC Allowed

C.R.M.(A) 786 of 2025

In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Belda Police Station Case No. 08 of 2025 dated 06.01.2025 under Section 409 of the Indian Penal Code corresponding to Section 316(5) of the Bhartiya Nyaya Sanhita, 2023, pending before the Learned Additional Sessions Judge, 1^st Court, Paschim Medinipur.

And

In the matter of : Tarun Banerjee ...… petitioner Mr. Soumyajit Das Mahapatra, Advocate Ms. Madhurai Sinha, Advocate Mr. Ranabeer Halder, Advocate .…for the petitioner Mr. Dipankar Mahata, Advocate .…for the State

1. Petitioner was extended interim protection by the coordinate Bench on March 6, 2025.

1. Report submitted on behalf of the State be taken on record.

1. Apparently, petitioner is cooperating with the investigation.

1. Petitioner is a teacher. The allegation as to whether the petitioner was involved in the alleged defalcation of sum slightly in excess of Rs.1 Lakh may be decided at the trial.

1. In such circumstances, we grant anticipatory bail to the petitioner.

2

Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand only), with two sureties of like amount 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.

This application for anticipatory bail is, thus, allowed.

(Debangsu Basak, J.)

(Smita Das De, J.)

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