Abhijit Mondal and Ors. Vs State of West Bengal — Anticipatory Bail | Calcutta HC (2026)

Abhijit Mondal and Ors. Vs State of West Bengal — Anticipatory Bail | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted to all petitioners: release upon arrest on a bond of Rs.10,000/- each with two sureties of like amount (one local), subject to conditions under Section 438 CrPC / Section 482 BNSS, cooperation with investigation, no witness intimidation or evidence tampering, and weekly meetings with the Investigating Officer by petitioner nos. 1 and 3 until the final report.

Issue for consideration

Whether the petitioners (Abhijit Mondal & Ors.) should be granted anticipatory bail under Section 438 CrPC / Section 482 BNSS in connection with Mohanpur PS Case No.73/2026.

Court's answer

Custodial interrogation of the petitioners is not required and the court is inclined to grant anticipatory bail, the petitioners having cooperated with the investigation and not being identifiable as the assailants as of now.

Ratio / Principle

Anticipatory bail granted: in the event of arrest, release on a bond of Rs.10,000/- each with two sureties of like amount (one local), subject to Section 438 CrPC / Section 482 BNSS conditions, further conditions of cooperation with investigation, no threatening/intimidation of witnesses or tampering with evidence, and petitioner nos. 1 and 3 to meet the Investigating Officer once a week till submission of report in final form.

Detailed headnote1 paragraphs

Anticipatory bail – Abhijit Mondal & Ors. – Mohanpur PS Case No.73/2026 dated 12.04.2026 under Sections 117(2)/118(2)/126(2)/351(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023: petitioners merely suspected of involvement in an attack on the victim by two motorbike-borne assailants and not identifiable as the assailants; court held custodial interrogation unnecessary and granted anticipatory bail under Section 438 CrPC / Section 482 BNSS on a bond of Rs.10,000/- each with two sureties of like amount (one local), subject to conditions of cooperation with investigation, abstention from threatening witnesses or tampering with evidence, and weekly reporting to the Investigating Officer by petitioner nos. 1 and 3 until submission of the final report.

08.06.2026 Sl. No.23 Ct. 28 NB

C.R.M (A) 1385 of 2026

In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Mohanpur PS Case No.73/2026 dated 12.04.2026 under Sections 117(2)/118(2)/126(2)/351(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023.

And

In the matter of: Abhijit Mondal & Ors. … petitioners

Mr. Malay Bhattacharya, Mr. Subhrajyoti Ghosh, Mr. Subrata Maity. …for the petitioners.

Mr. Krishnendu Bhattacharya, Mr. Sankalpa Bhattacharjee. …for the State.

Learned counsel appearing on behalf of the petitioner submits as follows. The petitioners have already cooperated with the investigation. It has been alleged that the victim was attacked by two persons riding motorbike. None could be apprehended. It is merely suspected that the petitioners are behind the attack.

Learned Additional Public Prosecutor representing the State relies on the case diary and opposes the prayer for anticipatory bail. He refers to the statements of witnesses and the injury reports. However, the petitioners could not be identified as the assailants, as of now.

Considering the above and the other materials available in the case diary, I do not think that custodial interrogation of the petitioners is required in this case and I am inclined to grant anticipatory bail to the petitioners.

2

Accordingly, 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 Arresting Officer and subject to the conditions as laid down under Section 438 of the Code of Criminal Procedure, corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita and on further condition that the petitioners shall cooperate with the investigation and shall not threaten or intimidate witnesses or tamper with evidence in any manner whatsoever and the petitioner nos.1 and 3 shall meet the Investigating Officer once a week till submission of report in final form.

The application for anticipatory bail is, thus, disposed of. 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.