Hafizuddin Sarkar Vs State of West Bengal — Anticipatory Bail | Calcutta HC (2026)

Hafizuddin Sarkar Vs State of West Bengal — Anticipatory Bail | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted: on arrest, release on furnishing a bond of Rs.10,000/- with two sureties of like amount each (one local), to the satisfaction of the Arresting Officer, subject to Section 482(2) BNSS / Section 438(2) CrPC conditions, cooperation with investigation, fortnightly meetings with the I.O. till the final report, and no threatening or intimidating of witnesses.

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 Gangarampur P.S. Case No. 788 of 2025 under Sections 316(2)/318(4)/314(5)/316(5) of the BNS, 2023.

Court's answer

It is not clear from the account documents what sum, if any, was embezzled in respect of the complaint, and further audit may be required.

Ratio / Principle

Considering the case diary and other materials, custodial interrogation of the petitioner is not required and anticipatory bail is granted.

Key takeaways

Bail is subject to a bond of Rs.10,000/- with two sureties of like amount each (one local), to Section 482(2) BNSS / Section 438(2) CrPC conditions, cooperation with investigation, fortnightly meetings with the I.O. till the final report, and no threatening or intimidating of witnesses.ratio¶11

Detailed headnote1 paragraphs

Anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 granted to a petitioner who had retired in 2017 but continued as Manager of a concern, arraigned in Gangarampur P.S. Case No. 788 of 2025 dated 14.12.2025 under Sections 316(2)/318(4)/314(5)/316(5) of the BNS, 2023 for alleged embezzlement. Main allegations were against the petitioner's son, who had passed away. On perusal of the case diary, the court found the account documents unclear as to the sum embezzled, noted further audit may be required, and held custodial interrogation unnecessary. Bail ordered on a bond of Rs.10,000/- with two sureties of like amount each (one local), subject to Section 482(2) BNSS / Section 438(2) CrPC conditions, cooperation with investigation, fortnightly meetings with the I.O. till the final report, and no threatening or intimidating of witnesses. (Jay Sengupta, J.)

07.05.2026 Court No.28 Item No. 12 tbsr Allowed

CRM (A) 1156 of 2026

In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Gangarampur P.S. Case No. 788 of 2025 dated 14.12.2025 under Sections 316(2)/318(4)/314(5)/316(5) of the BNS, 2023. And

In the matter of: Hafizuddin Sarkar

….Petitioner. Mr. Mazhar Hossain Chowdhury …for the petitioner.

Learned counsel appearing on behalf of the petitioner submits as follows. The main allegations are against the son of the petitioner, who had passed away some time ago. The petitioner had retired in the year 2017.

Perused the case diary as produced by the Investigating Officer.

As per the Investigating Officer, the petitioner was asked to continue as the Manager of the concern after his retirement. There are allegations made by employees of the concern about embezzlement. However, it is not clear from the documents regarding accounts about what sum, if any, had been embezzled in respect of this complaint. Further audit may be required.

Considering the above and the other materials available in the case diary, I do not think that custodial interrogation of the petitioner is required in this case and I am inclined to grant anticipatory bail to the petitioner.

2

In the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, 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, 2023 and on further condition that the petitioner shall cooperate with investigation, shall meet the I.O. once a fortnight till submission of report in final form and shall not threaten or intimidate witnesses.

The application for anticipatory bail is, thus, allowed.

The presence of Investigating Officer is noted and is dispensed with.

Urgent photostat certified copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all formalities.

(Jay Sengupta, J.)