Rajesh Das Vs the State of West Bengal — Anticipatory Bail | Calcutta HC (2026)

Rajesh Das Vs the State of West Bengal — Anticipatory Bail | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail in the event of arrest on furnishing a bond of Rs.10,000/- with one surety of like amount to the satisfaction of the arresting officer, subject to conditions of cooperation with the investigation, meeting the Investigating Officer once a week until submission of the final report, and appearance before the learned Trial Court on each and every date of hearing; case diary returned.

Issue for consideration

Whether the petitioner, allegedly involved in Sahebganj Police Station Case No. 244 of 2025 under Sections 117(2)/118(2)/109/3(5) of the Bharatiya Nyaya Sanhita, 2023, is entitled to anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Court's answer

The Court found that although the victim sustained injury, the victim was discharged from the hospital one day after admission.

Ratio / Principle

On that basis, the petitioner has made out a case for grant of anticipatory bail.

Key takeaways

In the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- with one surety of like amount to the satisfaction of the arresting officer, conditioned on cooperation with the investigation, meeting the Investigating Officer once a week until the final report is submitted, and appearance before the learned Trial Court on each and every date of hearing.ratio¶18

Detailed headnote1 paragraphs

Anticipatory bail - Section 482, Bharatiya Nagarik Suraksha Sanhita, 2023 - Application disposed of with bail direction. Petitioner arraigned in Sahebganj Police Station Case No. 244 of 2025 dated 04.05.2025 under Sections 117(2)/118(2)/109/3(5) of the Bharatiya Nyaya Sanhita, 2023; the State's case, based on the injured's statement, was that the petitioner assaulted the victim on the head. The Court found that though the victim sustained injury, the victim was discharged from hospital one day after admission, and held that the petitioner had made out a case for grant of anticipatory bail. Direction issued that in the event of arrest the petitioner be released on a bond of Rs.10,000/- with one surety of like amount to the satisfaction of the arresting officer, conditioned on cooperation with the investigation, meeting the Investigating Officer once a week until submission of the final report, and appearance before the learned Trial Court on each and every date of hearing. Counsel submitted that the co-accused had already been granted bail by the learned Court of Sessions Judge. Case diary returned.

18.05.2026 SL No.16 Court No.5 S.Gayen

IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI CRIMINAL MISCELLANEOUS JURISDICTION

C.R.M.(A) 266 of 2026

In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Sahebganj Police Station Case No. 244 of 2025 dated 04.05.2025 under Sections 117(2)/118(2)/109/3(5) of the Bharatiya Nyaya Sanhita, 2023.

-And-

In the matter of: Rajesh Das

…Petitioner

Mr. Hillol Saha Poddar

…for the Petitioner

Mr. Nilay Chakraborty, ld. APP (in-charge)

…for the State

This instant application has been filed with a prayer for anticipatory bail.

Learned counsel appearing on behalf of the petitioner submits that the petitioner has been falsely implicated in the present case and the petitioner is no way connected with the present case. He further submits that the co-accused has already been granted bail by the learned Court of Sessions Judge. He further submits that if the petitioner is granted bail, he will appear before the Investigating Officer and cooperate with the investigation.

Learned APP-in-charge appearing for the State and the Investigating Officer are present and produced the case diary. Learned counsel for the State submits that as per the statement of the injured, this petitioner has assaulted the victim and due to which the victim has sustained injury on his head. The person

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who has been released on bail due to his assault the victim has sustained only fracture injury on his hand. Accordingly, the learned Sessions Judge has granted bail but the petitioner has assaulted the victim on the head.

Heard the learned counsel for the respective parties and perused the case diary. This Court finds that though the victim has been sustained injury but the after one day of admission, the victim was discharged from the hospital. Accordingly, this Court finds that the petitioner has made out the case for grant of anticipatory bail.

In the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand only) with one surety of like amount, to the satisfaction of the arresting officer with the condition that the petitioner shall cooperate the investigation and shall meet the Investigating Officer once in a week till the report in final form is submitted and shall appear before the learned Trial Court on each and every date of hearing.

Thus, the application for anticipatory bail being C.R.M. (A) 266 of 2026 stands disposed of.

The case diary is returned.