Sunanda Dhar Vs State of West Bengal — Anticipatory Bail | Calcutta HC (2026)

Sunanda Dhar Vs State of West Bengal — Anticipatory Bail | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Both applications for anticipatory bail disposed of by granting anticipatory bail to Arup Kumar Jha @ Arup Jha @ Rana and Sunanda Dhar in the event of arrest, on a bond of Rs.10,000/- each with two sureties of like amount each (one local) to the satisfaction of the Arresting Officer, subject to the Section 438 CrPC / Section 482 BNSS conditions and further conditions of cooperation with investigation, non-intimidation of witnesses and non-tampering with evidence, with the petitioner in C.R.M. (A) 4238 of 2025 to meet the Investigating Officer once a fortnight till submission of report in final form.

Issue for consideration

Whether anticipatory bail under Section 438 CrPC (corresponding to Section 482 BNSS 2023) should be granted to the two petitioners in Raiganj PS Case No.1288/2025, i.e., whether custodial interrogation of them is required. +1 more

Court's answer

Considering the submissions and the other materials in the case diary, custodial interrogation of the petitioners is not required and they are granted anticipatory bail.

Ratio / Principle

In the event of arrest, the petitioners shall be released on bail on 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 the Arresting Officer.

Key takeaways

Further conditions: the petitioners shall cooperate with the investigation and shall not threaten or intimidate witnesses or tamper with evidence; additionally, the petitioner in C.R.M. (A) 4238 of 2025 shall meet the Investigating Officer once a fortnight till submission of report in final form.ratio¶27
The question whether there is any element of abetment of suicide is expressly left open, to be finally decided by the Courts seized of the matter; this order decides only the anticipatory bail prayer.obiter¶23

Detailed headnote1 paragraphs

Two connected anticipatory bail applications — C.R.M. (A) 4238 of 2025 (Arup Kumar Jha @ Arup Jha @ Rana) and C.R.M. (A) 189 of 2026 (Sunanda Dhar) — arising out of Raiganj PS Case No.1288/2025 dated 06.11.2025 under Sections 108/3(5) of the Bharatiya Nyay Sanhita, 2023, wherein the prosecution case is that a person committed suicide because his flat was not registered even after possession was given, and abetment of suicide was alleged. The de facto complainant opposed bail; the learned Amicus assisting the State relied on the case diary, a suicide note, witness statements and the postmortem report. Counsel for the petitioners claimed false implication and stated that during pendency the flats had been registered in the name of a relative of the deceased and in respect of 17 other intending purchasers. The Court held that custodial interrogation of the petitioners was not required and granted anticipatory bail in the event of arrest on a bond of Rs.10,000/- each with two sureties of like amount each (one local), to the satisfaction of the Arresting Officer, subject to the conditions under Section 438 of the Code of Criminal Procedure, 1973 corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and further conditions of cooperation with investigation, non-threat/intimidation of witnesses and non-tampering with evidence, the petitioner in C.R.M. (A) 4238 of 2025 additionally to meet the Investigating Officer once a fortnight till submission of report in final form. The question whether any element of abetment of suicide exists was expressly left to the Courts concerned. Applications disposed of on 20.05.2026.

20.05.2026 Sl. No.159&160 Ct. 28 NB

C.R.M. (A) 4238 of 2025

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 Raiganj PS Case No.1288/2025 dated 06.11.2025 under Sections 108/3(5) of the Bharatiya Nyay Sanhita, 2023.

And

In the matter of: Arup Kumar Jha @ Arup Jha @ Rana

Mr. Sandip Chakraborty, Mr. Kaustav Das. …for the petitioner.

Mr. Krishnendu Bhattacharya. ……Amicus.

Mr. Wasim Akram

With

C.R.M. (A) 189 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 Raiganj PS Case No.1288/2025 dated 06.11.2025 under Sections 108/3(5) of the Bharatiya Nyay Sanhita, 2023.

And

In the matter of: Sunanda Dhar … petitioner

Mr. Ashutosh Sinha Roy. …for the petitioner.

Mr. Krishnendu Bhattacharya. ……Amicus.

Mr. Wasim Akram

Learned counsels appearing on behalf of the petitioners of

the two applications submit as follows. The petitioners have been

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falsely implicated in this case. The prosecution case is that a person committed suicide because his flat was not registered, even after possession was given. No prima facie case of abetment of suicide is made out in this case. However, without prejudice, during pendency of these applications, the petitioners have made efforts to resolve the problems regarding registration of the flat that had arisen. The flats in question have already been registered in the name of a relative of the deceased in the present case, as also in respect of 17 other intending purchasers.

Learned counsel appearing on behalf of the de facto complainant opposes the prayer for anticipatory bail.

Learned Amicus assisting the State relies on the case diary and opposes the prayer for anticipatory bail. He also relies on a suicide note, the statements of witnesses and the postmortem report.

It will be for the Courts to finally decide whether there is any element of abetment of suicide in this case.

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

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

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with the investigation and shall not threaten or intimidate witnesses or tamper with evidence in any manner whatsoever and the petitioner in C.R.M. (A) 4238 of 2025 shall meet the Investigating Officer once a fortnight 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.