Jaydip Sanyal Vs the State of West Bengal — Cheating and Forgery | Calcutta HC (2026)

Jaydip Sanyal Vs the 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 of whom must be local, to the satisfaction of the Arresting Officer, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the BNSS, 2023, and further conditions that the petitioner shall co-operate with the investigation, shall not threaten or intimidate the witnesses, and shall meet the I.O. once a fortnight till submission of report in final form.

Issue for consideration

Whether the petitioner is entitled to anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Pradhan Nagar Police Station Case No.12 of 2026 dated 04.01.2026 under Sections 318(4)/351(2)(3)/3(5) of the BNS 2023.

Court's answer

Considering the materials in the case diary and the fact that the allegations also have a civil profile, custodial interrogation of the petitioner was not required and the Court was inclined to grant anticipatory bail.

Ratio / Principle

In the event of arrest, the petitioner is to be released on bail on furnishing a bond of Rs.10,000/- with two sureties of like amount each (one local), subject to the conditions under Section 482(2) of the BNSS, 2023 corresponding to Section 438(2) of the Code of Criminal Procedure, 1973, further conditions of cooperation with the investigation and not threatening or intimidating witnesses, and meeting the I.O. once a fortnight till submission of report in final form.

Key takeaways

The application for anticipatory bail is allowed.ratio¶10

Detailed headnote1 paragraphs

Anticipatory bail – Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 – Application in connection with Pradhan Nagar Police Station Case No.12 of 2026 dated 04.01.2026 under Sections 318 (4)/351 (2) (3)/3(5) of the BNS 2023 – Allegations relating to non-payment of loan, with part payment admittedly made – Considering case diary materials and that the allegations also have a civil profile, the Court held custodial interrogation of the petitioner was not required – Anticipatory bail granted: bond of Rs.10,000/- with two sureties of like amount each (one local), conditions under Section 482(2) BNSS/Section 438(2) CrPC, cooperation with investigation, no threat/intimidation to witnesses, and meeting the I.O. once a fortnight till report in final form – Application allowed (Jay Sengupta, J.).

AD 41 IN THE HIGH COURT AT CALCUTTA March 25, 2026 Circuit Bench at Jalpaiguri Ct. 6 Appellate Side ssi CRM(A) 216 of 2026

An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Pradhan Nagar Police Station Case No.12 of 2026 dated 04.01.2026 under Sections 318 (4)/351 (2) (3)/3(5) of the BNS 2023. And

In the matter of: Jaydip Sanyal … petitioner Mr. Sudipto Panda Mr. Ankur Barman … for the petitioner Mr. Kallol Acharjee Mr. Chinmoy Roy … for the State

Learned counsel appearing on behalf of the petitioner submits as follows. The prime allegation is about nonpayment of loan. It is admitted that a part payment was made. The FIR was lodged after a delay of about 5 years. The dispute, if at all, is purely civil in nature. The petitioner has complied with the notice issued.

Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. He relies on the statements of witnesses and copies of bank documents.

Considering the above, the other materials available in the case diary and the fact that the allegations also have a

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civil profile, 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/- (rupees ten thousand) 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 the further conditions that the petitioner shall co-operate with the investigation and shall not threaten or intimidate the witnesses. The petitioner shall meet the I.O. once a fortnight till submission of report in final form.

The application for anticipatory bail is, thus, allowed.

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

(Jay Sengupta, J.)