Avijit Das Vs State of West Bengal and Anr. — Cheating and Forgery | Calcutta HC (2026)

Avijit Das Vs State of West Bengal and Anr. — Cheating and Forgery | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted to the petitioner: 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), subject to the conditions under Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the BNSS, 2023, further conditions of co-operation with investigation and not threatening or intimidating witnesses, and meeting the I.O. once a week till submission of report in final form.

Issue for consideration

Whether the petitioner is entitled to anticipatory bail under Section 482 of the Bharatiya Suraksha Nagarik Sanhita in connection with Goghat Police Station Case No. 545 of 2025, i.e., whether his custodial interrogation is required.

Ratio / Principle

On consideration of the submissions and the materials in the case diary (including that the alleged victim had refused medical examination), the court found custodial interrogation of the petitioner unnecessary and was inclined to grant anticipatory bail.

Key takeaways

The application for anticipatory bail of the petitioner is allowed; in the event of arrest he is to be released on a bond of Rs.10,000/- with two sureties of like amount each (one local), subject to Section 438(2) CrPC / Section 482(2) BNSS conditions, co-operation with investigation, non-intimidation of witnesses, and meeting the I.O. once a week till submission of report in final form.ratio¶11

Detailed headnote1 paragraphs

Anticipatory bail - Section 482, Bharatiya Suraksha Nagarik Sanhita - applicant sought bail in Goghat Police Station Case No. 545 of 2025 dated 01.02.2025 under Sections 318(2)/64/318(4)/316(2)/115(2)/117(2)/352/3(5), BNS 2023 - de facto complainant, a widow, allegedly lent money to the petitioner who gave assurances of marriage but did not marry her - State opposed the prayer but noted the alleged victim had refused medical examination - despite service, no one appeared for the alleged survivor - court found custodial interrogation unnecessary and allowed the application: release on arrest on a bond of Rs.10,000/- with two sureties of like amount each (one local), subject to Section 438(2) CrPC / Section 482(2) BNSS conditions, co-operation with investigation, no threatening or intimidation of witnesses, and weekly meetings with the I.O. till submission of report in final form.

16.02.2026 Court No.28 Item No.35 ssi

CRM (A) 256 of 2026

In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Suraksha Nagarik Sanhita in connection with Goghat Police Station Case No. 545 of 2025 dated 01.02.2025 under Sections 318(2)/ 64/318(4)/316(2)/115 (2)/117 (2)/352/3(5) of the BNS 2023.

And In the matter of: Avijit Das …. Petitioner. Mr. Suman Chakraborty …for the petitioner Mr. Ranabir Roy Chowdhury Mr. Sujan Chatterjee

..for the State

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

Despite service, no one appears on behalf of the alleged survivor. Learned counsel appearing on behalf of the petitioner submits as follows. After her husband died, the de facto complainant developed a relationship with the present petitioner. It is further alleged that she had lent a sum of money to the petitioner and that, despite giving assurances of marriage, the petitioner did not marry her.

Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. However, he submits that the alleged victim had refused medical examination.

Considering the above and the other materials available in the case diary, 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.

2

Accordingly, the application for anticipatory bail of the petitioner is allowed.

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 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 week till submission of report in final form.

(Jay Sengupta, J.)