Bimal Kumar Mondal @ Bimal Mondal and Anr. Vs State of… — Anticipatory Bail | Calcutta HC (2026)

Bimal Kumar Mondal @ Bimal Mondal and Anr. Vs State of… — Anticipatory Bail | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted to the petitioners in the event of arrest on a bond of Rs.10,000/- each 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 of cooperation with investigation, non-intimidation of witnesses, and weekly meeting of petitioner No.1 with the investigating officer till submission of report in final form.

Issue for consideration

Whether the petitioners are entitled to anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Amta P.S. Case No.34 of 2026 under Sections 126(2)/117(2)/109/351(2)/3(5) of the BNS, 2023.

Court's answer

Anticipatory bail is granted to the petitioners; on consideration of the submissions and the other materials in the case diary (including an injury report that did not show infliction of any grievous injury), the Court was inclined to grant anticipatory bail.

Ratio / Principle

In the event of arrest, the petitioners shall be released on bail on a bond of Rs.10,000/- each with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer.

Key takeaways

Release 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, 2023, and further conditions that the petitioners cooperate with the investigation, not threaten or intimidate witnesses, and petitioner No.1 meet the investigating officer once a week till submission of report in final form.ratio¶8

Detailed headnote1 paragraphs

Anticipatory bail – S. 482, Bharatiya Nagarik Suraksha Sanhita, 2023 – application allowed in connection with Amta P.S. Case No.34 of 2026 dated 19.02.2026 under Sections 126(2)/117(2)/109/351(2)/3(5), BNS 2023 – dispute between landlord and tenant over keeping a motorcycle in front of the building – injury report did not show infliction of any grievous injury – petitioners aged 69 and 54 – bail on bond of Rs.10,000/- each with two sureties of like amount (one local), subject to S. 438(2) CrPC 1973 / S. 482(2) BNSS 2023 conditions, cooperation with investigation, no intimidation of witnesses, and petitioner No.1 to meet the investigating officer once a week till final report.

AD 66 May 18, 2026 Ct. 28 SG

CRM(A) 1285 of 2026 Allowed An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Amta P.S. Case No.34 of 2026 dated 19.02.2026 under Sections 126(2)/117(2)/109/351(2)/3(5) of the BNS, 2023. And In the matter of: Bimal Kumar Mondal @ Bimal Mondal and another … petitioners Mr. Suman Chakraborty … for the petitioners Mr. Pritam Roy … Amicus

Learned counsel for the petitioners submits that an altercation ensued between the landlord and the tenant over keeping a motorcycle in front of the building. The injury allegedly suffered was not grievous in nature. The petitioner No. 1 is 69 years old and the petitioner No.2 is 54 years old.

Learned Amicus, assisting the State, relies upon the case diary and opposes the prayer for anticipatory bail. He refers to the injury report which, however, does not show infliction of any grievous injury and the statements of witnesses.

Considering the above and the other materials available in the case diary, I am inclined to grant anticipatory bail to the petitioners.

In the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- (rupees ten thousand) each with two sureties of like amount each, one of

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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 the further conditions that the petitioners shall cooperate with the investigation, shall not threaten or intimidate witnesses and the petitioner No.1 shall meet the investigating officer once a week till submission of report in final form.

The application for anticipatory bail is, thus, allowed.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of requisite formalities.

(Jay Sengupta, J.)