Sukdeb @ Sukhdeb Das Vs State of West Bengal and Anr. — Anticipatory Bail | Calcutta HC (2026)

Sukdeb @ Sukhdeb Das Vs State of West Bengal and Anr. — Anticipatory Bail | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted: upon arrest, release on a bond of Rs.10,000/- with two sureties of like amount each (one local), subject to Section 438(2) CrPC, 1973 / Section 482(2) BNSS, 2023 conditions and further conditions (cooperation with investigation; weekly meetings with the I.O. till final report; no threatening or intimidating witnesses; stay outside Chakdah P.S. jurisdiction for three months except to meet the Investigating Officer or attend the jurisdictional 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 Chakdah P.S. Case No. 552 of 2026, i.e., whether custodial interrogation of the petitioner is required.

Court's answer

Considering the case diary and other materials, the court did not think custodial interrogation of the petitioner was required and was inclined to grant anticipatory bail.

Ratio / Principle

In the event of arrest, the petitioner is to be released on bail on 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, subject to the conditions under Section 438(2) CrPC, 1973 / Section 482(2) BNSS, 2023, and further conditions: cooperation with investigation; meeting the I.O. once a week till submission of report in final form; not threatening or intimidating witnesses; and staying outside the jurisdiction of Chakdah P.S. for three months except for meeting the Investigating Officer or attending the jurisdictional Court.

Key takeaways

The petitioner's movement shall remain restricted for a limited period as a condition of the grant.ratio¶12

Detailed headnote1 paragraphs

Anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 granted to Sukdeb @ Sukhdeb Das (order dated 18.05.2026) in connection with Chakdah P.S. Case No. 552 of 2026 dated 15.04.2026, registered under Sections 329(4)/115(2)/117(2)/74/75(1)/64/62/351(3)/3(5) of the BNS, 2023. Despite the learned Amicus assisting the State opposing the prayer on the strength of the case diary, the victim's statement recorded before the learned Magistrate and other witness statements (the victim having refused medical examination and no one appearing for her despite service), the court held that custodial interrogation of the petitioner was not required. In the event of arrest, the petitioner is to be released on a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, subject to Section 438(2) of the Code of Criminal Procedure, 1973 / Section 482(2) of the BNSS, 2023 conditions, and further conditions: cooperation with the investigation, meeting the I.O. once a week till submission of the report in final form, refraining from threatening or intimidating witnesses, and staying outside the jurisdiction of Chakdah P.S. for three months except for meeting the Investigating Officer or attending the jurisdictional Court. Application allowed.

18.05.2026 Court No.28 Item No.54 tbsr Allowed

CRM (A) 1265 of 2026 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Chakdah P.S. Case No. 552 of 2026 dated 15.04.2026 under Sections 329(4)/115(2)/117(2)/74/75(1)/64/62/351(3)/3(5) of the BNS, 2023.

And

In the matter of: Sukdeb @ Sukhdeb Das

….Petitioner. Mr. Shibaji Das Ms. Maitrayee Das …for the petitioner. Mr. Somnath Adhikary …..Amicus.

Report filed on behalf of the State is taken on record.

Despite service, no one appears on behalf of the alleged victim.

Learned counsel appearing on behalf of the petitioner submits that the present petitioner had a relationship with the victim lady and when the relationship turned sour, an FIR was lodged.

Learned Amicus assisting the State relies on the case diary and opposes the prayer for anticipatory bail. He relies on the victim recorded before the learned Magistrate and other statements of witnesses. However, he submits that the victim refused to undergo medical examination.

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

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the petitioner. However, the movement of the petitioner shall remain restricted for a limited period.

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 week till submission of report in final form, shall not threaten or intimidate witnesses and shall stay outside the jurisdiction of Chakdah P.S. for a period of three months except for meeting the Investigating Officer or attending the jurisdictional Court.

The application for anticipatory bail is, thus, allowed.

Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for.