Avdesh Aganu Yadav Vs State of West Bengal — Cheating and Forgery | Calcutta HC (2026)

Avdesh Aganu Yadav Vs State of West Bengal — Cheating and Forgery | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted: in the event of arrest, release on furnishing a bond of Rs.10,000/- with two sureties of like amount each (one local), subject to Section 482(2) BNSS / Section 438(2) CrPC conditions, cooperation with investigation, no threatening or intimidation of witnesses, and meeting the I.O. once a month till submission of report in final form.

Issue for consideration

Whether anticipatory bail under Section 482 of the BNSS, 2023 should be granted to the petitioner Avdesh Aganu Yadav in connection with Eco Park P.S. Case No. 203 of 2025 under Sections 316(2)/318(4)/61(2) of the BNS, 2023.

Court's answer

Considering the materials in the case diary and the alleged role ascribed to the present petitioner, custodial interrogation of the petitioner is not required and the court is inclined to grant anticipatory bail.

Ratio / Principle

In the event of arrest, the petitioner is to be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each (one local), subject to the conditions under Section 482(2) BNSS corresponding to Section 438(2) CrPC, and further conditions of cooperating with investigation, not threatening or intimidating witnesses, and meeting the I.O. once a month till submission of report in final form.

Detailed headnote1 paragraphs

Anticipatory bail under Section 482 of the BNSS, 2023 granted to Avdesh Aganu Yadav in connection with Eco Park P.S. Case No. 203 of 2025 (dated 15.09.2025) under Sections 316(2)/318(4)/61(2) of the BNS, 2023. Holding that custodial interrogation of the petitioner was not required in view of the incriminating materials in the case diary and the alleged role ascribed to him, the Court directed that, in the event of arrest, he be released on a bond of Rs.10,000/- with two sureties of like amount each (one local), subject to the conditions of Section 482(2) BNSS corresponding to Section 438(2) CrPC, 1973, and further conditions of cooperating with investigation, not threatening or intimidating witnesses, and meeting the I.O. once a month till submission of the final report. Counsel had noted that other co-accused on the same footing had been granted anticipatory bail on 18.02.2026 in CRM(A) 65 of 2026, and that the de facto complainant had also filed a civil suit over the same issue.

09.06.2026 Court No.28 Item No.45 tbsr Allowed

CRM (A) 1423 of 2026

In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Eco Park P.S. Case No. 203 of 2025 dated 15.09.2025 under Sections 316(2)/318(4)/61(2) of the BNS, 2023.

And

In the matter of: Avdesh Aganu Yadav

….Petitioner. Mr. Samrat Choudhury Mr. Ronit Naskar …for the petitioner.

Mr. Krishnendu Bhattacharya, ld. APP Mr. Saswata Chatterjee

….for the State.

Report filed on behalf of the State is taken on record.

Learned counsel appearing on behalf of the petitioner submits as follows. Earlier, some other co-accused standing on the same footing were granted anticipatory bail by this Court on 18.02.2026 in CRM(A) 65 of 2026. The accused no. 6, Ajit Kumar Das, was a Director of the company in question. He had allegedly taken money from the de facto complainant on behalf of the said company. The petitioner is also a victim. A complaint had been filed against the accused in this regard. Incidentally, the de facto complainant had also filed a civil suit over the same issue.

Learned APP representing the State opposes the prayer for anticipatory bail. He submits that Ajit Kumar Das and Amit Kumar Das are the principal accused. Money was taken from different individuals on the promise of high returns. There are bank transactions, which show that money was taken out of the account of

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the concern and transferred to a joint account belonging to the said Ajit Kumar Das and another co-accused.

Considering the above, the other incriminating materials available in the case diary and the alleged role ascribed to the present petitioner, I do not think 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/- 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 petitioner shall cooperate with investigation, shall not threaten or intimidate witnesses and shall meet the I.O. once a month till submission of report in final form.

The application for anticipatory bail is, thus, allowed.

Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for.

(Jay Sengupta, J.)