Allowed

Shyamal Kumar Dey and Ors. v. State of West Bengal

Calcutta HC14 May 2026CRM (A)/1304/2026

Case brief

AI extract

What is this about?

The High Court granted anticipatory bail to the petitioners facing charges of abetment of suicide under Sections 108/3(5) of the Bharatiya Nyaya Sanhita, 2023. Finding no need for custodial interrogation based on available materials, the Court allowed the application subject to specific conditions including bond and cooperation with investigation.

What did the court decide?

Anticipatory bail allowed subject to bond of Rs.10,000 with two sureties, compliance of conditions under Section 438(2) CrPC, and condition for Petitioner no.1 to meet I.O. fortnightly.

Shyamal Kumar Dey and Ors. Vs State of West Bengal — Anticipatory Bail | Calcutta HC (2026)

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14.05.2026 Court No.28 Item No. 33 tbsr Allowed

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CRM (A) 1304 of 2026

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In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023/under Section 438 of the Criminal Procedure in connection with Taherpur P.S. Case No. 51 of 2026 dated 09.02.2026 under Sections 108/3(5) of the Bharatiya Nyaya Sanhita, 2023.

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And

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In the matter of: Shyamal Kumar Dey & Ors.

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….Petitioners. Mr. Mrinal Kanti Mukherjee …for the petitioners

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Mr. Tapodip Gupta …. Amicus

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Memo of evidence filed on behalf of the State is taken on record.

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Learned counsel appearing on behalf of the petitioners submits as follows. The petitioner nos. 1 and 2 are the parents of the petitioner no. 3. The petitioner no. 3 allegedly had a romantic relationship with the victim. On the date when the petitioner nos. 1 and 2 were having the petitioner no. 3 get married to someone else, the victim boy came, consumed poison and committed suicide.

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Learned Amicus assisting the State relies on the case diary and opposes the prayer for anticipatory bail. He relies on the statements of witnesses, the post mortem report and the purported suicide note.

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It will be for the Courts to finally decide whether there is any element of abetment of suicide against the petitioners in this case.

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However, considering the materials available in the case diary, I do not think that custodial interrogation of the petitioners is required

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in this case and I am inclined to grant anticipatory bail to the petitioners.

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In the event of arrest, the petitioners shall be released on bail upon furnishing 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 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 petitioners shall cooperate with investigation, shall not threaten or intimidate witnesses and the petitioner no. 1 shall meet the I.O. once a fortnight till submission of report in final form.

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The application for anticipatory bail is, thus, allowed.

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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.

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(Jay Sengupta, J.)

Shyamal Kumar Dey and Ors. v. State of West Bengal

Case brief

What is this about?

What did the court decide?

Shyamal Kumar Dey and Ors. v. State of West Bengal

Case brief

What is this about?

What did the court decide?

What the court decided

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