Rajesh Pal @ Rajesh Paul Vs State of West Bengal — Anticipatory Bail | Calcutta HC (2025)

Rajesh Pal @ Rajesh Paul Vs State of West Bengal — Anticipatory Bail | Calcutta HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail under Section 482 BNSS granted: in the event of 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 438(2) CrPC / Section 482(2) BNSS conditions, monthly meetings with the Investigating Officer till conclusion of investigation, and appearance before the jurisdictional Court on every date fixed, default permitting that Court to secure presence including 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 in connection with Dumdum Police Station Case No. 29 of 2025 (Section 108, Bhartiya Nyaya Sanhita, 2023). +1 more

Court's answer

Need for placing the petitioner in custody at this stage is not felt.

Ratio / Principle

The court granted anticipatory bail to the petitioner.

Key takeaways

The question whether the petitioner was involved in the abetment of the commission of suicide may be decided at the trial.obiter¶7
On arrest, the petitioner is to be released on bail upon a bond of Rs.10,000/- with two sureties of like amount each, to the satisfaction of the arresting officer, and is subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure, 1973, corresponding to Section 482(2) of the BNSS.ratio¶12
Further conditions: the petitioner shall meet the Investigating Officer once 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; in default, the jurisdictional Court will pass appropriate order to secure his presence, including cancelling the anticipatory bail granted, without further reference to this Court.

Detailed headnote1 paragraphs

Calcutta High Court (bench: Debangsu Basak, J. and Smita Das De, J.), C.R.M.(A) 947 of 2025, decision dated 19.03.2025: granted anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 to Rajesh Pal @ Rajesh Paul in connection with Dumdum Police Station Case No. 29 of 2025 dated 05.02.2025 under Section 108 of the Bhartiya Nyaya Sanhita, 2023, pending before the Learned Sessions Judge, Barasat, North 24 Parganas. Observing that the victim apparently committed suicide and that the petitioner's involvement in the abetment of the suicide may be decided at trial, the court found no present need for custody and allowed the application: release on arrest upon bond of Rs.10,000/- (two sureties of like amount each), subject to Section 438(2) CrPC / Section 482(2) BNSS conditions, monthly reporting to the Investigating Officer till conclusion of investigation, and appearance before the jurisdictional Court on every fixed date, failing which that Court may cancel the anticipatory bail without further reference to this Court.

19.03.2025 Item No.14 Ct. No. 26 CHC Allowed

C.R.M.(A) 947 of 2025

In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Dumdum Police Station Case No. 29 of 2025 dated 05.02.2025 under Section 108 of the Bhartiya Nyaya Sanhita, 2023, pending before the Learned Sessions Judge, Barasat, North 24 Parganas.

And

In the matter of : Rajesh Pal @ Rajesh Paul ...… petitioner Mr. Sabyasachi Mukherjee, Advocate (in virtual platform) Mr. Poulan Dey, Advocate Ms. Ankita Nandi, Advocate Mr. Biswajit Mukherjee, Advocate Ms. Swastika Sana, Advocate .…for the petitioner Mr. Prasun Kr. Dutta, Ld. A.P.P. Mr. Bikram Mitra, Advocate .…for the State

Apparently, the victim committed suicide.

As to whether, the petitioner was involved in the abetment of the commission of suicide may be decided at the trial.

Need for placing the petitioner in custody at this stage is not felt.

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

Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a

2

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.)