Shyamal Baidya @ Chotka and Anr. Vs State of West Bengal — Anticipatory Bail | Calcutta HC (2026)

Shyamal Baidya @ Chotka and Anr. Vs State of West Bengal — Anticipatory Bail | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted to both petitioners in the event of arrest upon furnishing bond of Rs.10,000/- each with two sureties of like amount each, to the satisfaction of the Arresting Officer, subject to Section 482(2) BNSS conditions; weekly appearance before the Investigating Officer till submission of charge sheet; regular bail to be prayed for before the jurisdictional Court within two weeks; application disposed of and case diary to be returned.

Issue for consideration

Whether anticipatory bail should be granted to the petitioners (Shyamal Baidya @ Chotka and Biswajit Baidya @ Bapi Baidya) under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Chakdah Police Station Case No. 830 of 2026.

Court's answer

Material available in the case diary does not justify custodial interrogation of the petitioners; accordingly the prayer for anticipatory bail is allowed.

Ratio / Principle

Grounds recorded in support: the injury sustained by the victim does not appear to be serious, and co-accused similarly circumstanced with the petitioners had earlier been granted anticipatory bail by this Court.

Key takeaways

In the event of arrest, the petitioners Shyamal Baidya @ Chotka and Biswajit Baidya @ Bapi Baidya are to be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each, to the satisfaction of the Arresting Officer.ratio¶13
The release is subject to the conditions laid down under Section 482(2) of the BNSS.ratio¶13
The petitioners shall appear before the Investigating officer once a week till submission of the charge sheet.ratio

Detailed headnote1 paragraphs

Anticipatory bail allowed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for petitioners Shyamal Baidya @ Chotka and Biswajit Baidya @ Bapi Baidya in connection with Chakdah Police Station Case No. 830 of 2026 dated 8th June, 2026 (Sections 329(4)/117(2)/109(1)/351(3)/303(2)/3(5) of the BNS, 2023 and Section 9(b) of I.E. Act). Grounds: injury sustained by the victim does not appear to be serious; co-accused similarly circumstanced had earlier been granted anticipatory bail by this Court; case-diary material does not justify custodial interrogation. Release on bond of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties of like amount each, to the satisfaction of the Arresting Officer, subject to Section 482(2) BNSS conditions; petitioners to appear before the Investigating Officer once a week till submission of charge sheet and to pray for regular bail before the learned jurisdictional Court within two weeks. Application disposed of; case diary to be returned. (Suvra Ghosh, J.)

July 1, 2026 10 ARDR (Allowed)

CRM (A) 1725 of 2026

In Re : An Application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Chakdah Police Station Case No. 830 of 2026 dated 8^th June, 2026 under Sections 329(4)/117(2)/109(1)/351(3)/303(2)/3(5) of the BNS, 2023 and Section 9(b) of I.E. Act .

And

In Re : Shyamal Baidya @ Chotka & anr. ... Petitioners.

Adv. Shibaji Kr. Das, Adv. Deblina De,

... for the petitioners.

Adv. Koustav Lal Mukherjee,

... for the State.

Learned counsel for the petitioners submits that the petitioners have been falsely implicated and have no nexus with the alleged offence. Co accused similarly circumstanced with the petitioners have been granted anticipatory bail by this Court earlier.

Learned counsel for the State produces the case diary and opposes the prayer.

Injury sustained by the victim does not appear to be serious. Co accused similarly circumstanced with the petitioners have been granted anticipatory bail by this Court earlier. Material available in the case diary does not justify custodial interrogation of the petitioners. Prayer for anticipatory bail is allowed.

Accordingly, in the event of arrest, the petitioners namely Shyamal Baidya @ Chotka and Biswajit Baidya @ Bapi Baidya be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten Thousand only) each, with two sureties of like amount each, to the satisfaction of the Arresting Officer and also subject to the conditions laid down under Section 482(2) of the BNSS. The petitioners shall appear before the Investigating officer once a week

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till submission of charge sheet. They shall appear before the learned jurisdictional Court and pray for regular bail within two weeks from date.

The application for anticipatory bail is disposed of.

Case Diary be returned.

All parties shall act on the server copy of this order duly

downloaded from the official website of this Court.

Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)