Akash Sarkar Vs the State of West Bengal and Anr. — Anticipatory Bail | Calcutta HC (2026)

Akash Sarkar Vs the State of West Bengal and Anr. — Anticipatory Bail | Calcutta HC (2026)

What the court decided

AI extract

Outcome

CRAN 1 of 2026 allowed: bail order dated 24th March, 2026 modified to permit release on a bond of Rs. 10,000/- with two registered sureties of like amount each (instead of local sureties), other conditions unchanged; time to surrender before the jurisdictional Court extended by a further three weeks from date.

Issue for consideration

Whether the condition in the order dated 24th March, 2026 requiring two local sureties of Rs. 10,000/- each should be relaxed so as to permit release on bail upon furnishing a bond of Rs. 10,000/- with two registered sureties of like amount each. +1 more

Court's answer

The order dated 24th March, 2026 is modified to the extent that, in the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs. 10,000/- with two registered sureties of like amount each, to the satisfaction of the arresting officer.

Ratio / Principle

All other conditions imposed in the order dated 24th March, 2026 shall remain unchanged.

Key takeaways

Since the time granted to the petitioner to surrender before the learned Court below to avail of the benefit under Section 482 of the BNSS had expired, the time to surrender before the jurisdictional Court is extended for a further period of three weeks from date.ratio¶18

Detailed headnote1 paragraphs

Bail condition relaxation (Calcutta HC, Jalpaiguri Circuit Bench, Partha Sarathi Chatterjee J., 27.04.2026): An earlier order dated 24.03.2026 in CRM(A) 137 of 2026 had directed release on bail, in the event of arrest, on a bond of Rs. 10,000/- with two sureties of like amount, each of whom must be local. The petitioner, a poor person, could not arrange local sureties and could not avail of the benefit of that order. The Court modified the order to permit release on a bond of Rs. 10,000/- with two registered sureties of like amount each, to the satisfaction of the arresting officer; other conditions unchanged. Noting that the time granted to surrender before the learned Court below to avail of the benefit under Section 482 of the BNSS had expired, the Court extended the time to surrender before the jurisdictional Court by a further three weeks. CRAN 1 of 2026 allowed.

27.04.2026 Item no.26. Court No.5. (Samar)

In the High Court at Calcutta Circuit Bench at Jalpaiguri Criminal Miscellaneous Jurisdiction

CRM (A) 137 of 2026

With

CRAN 1/2026

And

In the matter of : Akash Sarkar

……Petitioner.

Mr. Sudip Guha, Ms. Sayantani Das, ……for the Petitioner.

Mr. Nilay Chakraborty, Mr. Tapan Bhbattacharjee, ……for the State.

CRAN 1 of 2026

This application for relaxation of the condition of bail has been filed by the petitioner.

Mr. Guha submits that by an order dated 24th March, 2026 passed in CRM(A) 137 of 2026, it was directed that 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 of whom must be local, to the satisfaction of the arresting officer. He submits that despite best efforts, the petitioner could not arrange local surety, as he is a poor person, and for such inability he has not been able to avail of the benefit of the said order dated 24th March, 2026 till date. He submits that instead of local surety, a direction may be issued permitting release on

2

bail upon furnishing a bond of Rs. 10,000/- with two registered sureties of like amount each.

Mr. Chakraborty, learned APP appearing for the State, leaves the matter to the discretion of the Court.

Having considered the submissions made on behalf of the petitioner and the fact that since 24th March, 2026 the petitioner has not been able to avail of the benefit of the said order, the order dated 24th March, 2026 is modified to the extent that, in the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs. 10,000/- with two registered sureties of like amount each, to the satisfaction of the arresting officer. Other conditions imposed in the order dated 24th March, 2026 shall remain unchanged.

This Court is not oblivious of the fact that, in the meantime, the time granted to the petitioner to surrender before the learned Court below to avail of the benefit under Section 482 of the BNSS has expired. In view thereof, the time granted to the petitioner to surrender before the jurisdictional Court is extended for a further period of three weeks from date.

The application being CRAN 1 of 2026 is allowed.

(Partha Sarathi Chatterjee, J.)