Bantul Chandra Naskar @ Batul Naskar Vs State of West… — Anticipatory Bail | Calcutta HC (2026)

Bantul Chandra Naskar @ Batul Naskar Vs State of West… — Anticipatory Bail | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Application for anticipatory bail under Section 482 BNSS allowed; on arrest, petitioner to be released on 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 conditions and further conditions of cooperating with the investigation, meeting the Investigating Officer once a week till the final report, and not threatening or intimidating witnesses.

Issue for consideration

Whether custodial interrogation of the petitioner is required in connection with Rajarhat P.S. Case No. 48 of 2026, considering the case diary materials and the circumstance that there are case and counter case. +1 more

Court's answer

Considering the above, the other materials available in the case diary and the fact that there are case and counter case, custodial interrogation of the petitioner is not required in this case, and the Court is inclined to grant anticipatory bail to the petitioner.

Ratio / Principle

Anticipatory bail is granted: 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.

Key takeaways

The release is made 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.ratio¶12
Further conditions imposed: the petitioner shall cooperate with the investigation, shall meet the Investigating Officer once a week till submission of the final report, and shall not threaten or intimidate witnesses.ratio¶12

Detailed headnote1 paragraphs

Anticipatory bail — granted — Section 482 BNSS, 2023 — Rajarhat P.S. Case No. 48 of 2026 (21.02.2026) under Sections 110/117(2)/126(2)/3(5)/351(2)/74 BNS, 2023 — CRM (A) 1305 of 2026, decided 20.05.2026 by Jay Sengupta, J. Counsel for the applicant pleaded obstruction of house construction, prior police complaints, a writ petition before this Court, a scuffle with the de facto complainant, absence of grievous injury, a case-and-counter-case situation, and parity with co-accused granted anticipatory bail on 09.04.2026 in CRM (A) 1080 of 2026; the learned Amicus for the State, relying on witness statements and the enquiry report, likewise conceded no grievous injury was inflicted. Finding that custodial interrogation was not required, the Court granted anticipatory bail — bond of Rs.10,000/- with two like-amount sureties, one local, to the Arresting Officer's satisfaction — subject to Section 482(2) BNSS (corresponding Section 438(2) CrPC) conditions, plus further conditions of cooperation with the investigation, weekly meetings with the Investigating Officer till the final report, and abstention from threatening or intimidating witnesses.

20.05.2026 Court No.28 Item No. 62 tbsr Allowed

CRM (A) 1305 of 2026

In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Rajarhat P.S. Case No. 48 of 2026 dated 21.02.2026 under Sections 110/117(2)/126(2)/3(5)/351(2)/74 of the BNS, 2023. And

In the matter of: Bantul Chandra Naskar @ Batul Naskar

Mr. Arindam Sen

Mr. Biswajit Chakraborty ….for the petitioner Mr. Pritam Roy ….Amicus

Learned counsel for the petitioner submits that the petitioner’s side was constructing a house and the de facto complainant and others had been disturbing and trying to prevent such construction from taking place. Prior complaints were lodged before the police regarding such disturbance. A writ petition has also been filed before this Court. In spite of this, on the particular day, the de facto complainant and others entered into the petitioner’s premises and a scuffle ensued. None of the injuries was grievous in nature. There are case and counter case. Similarly circumstanced co-accused were granted anticipatory bail by this Court on April 9, 2026, in CRM (A) 1080 of 2026.

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

Considering the above, the other materials available in the case diary and the fact that there are case and counter case, I do not think

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that custodial interrogation of the petitioner is required in this case and I am inclined to grant anticipatory bail to the petitioner.

In the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (rupees ten thousand) 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 the further conditions that the petitioner shall cooperate with the investigation, shall meet the Investigating Officer once a week till submission of report in final form and shall not threaten or intimidate witnesses.

The application for anticipatory bail is, thus, allowed.

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.)