Shyam Charan Mandal Vs State of West Bengal — Anticipatory Bail | Calcutta HC (2026)

Shyam Charan Mandal Vs State of West Bengal — Anticipatory Bail | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted: in the event of arrest, release on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each (one local), subject to the conditions under Section 438(2) CrPC 1973 corresponding to Section 482(2) BNSS 2023, and further conditions that the petitioner surrender before the jurisdictional Court within four weeks, attend regularly, and not threaten or intimidate witnesses.

Issue for consideration

Whether anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 should be granted to the petitioner, Shyam Charan Mandal, in connection with Samsherganj P.S. Case No. 44 of 2025.

Court's answer

Considering the case diary materials, the fact that the only material available against the petitioner is the statement of a co-accused, and the fact that the charge sheet has been submitted, the court was inclined to grant anticipatory bail to the petitioner.

Ratio / Principle

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, subject to the conditions of Section 438(2) CrPC 1973 / Section 482(2) BNSS 2023, surrendering before the jurisdictional Court within four weeks, attending regularly, and not threatening or intimidating witnesses.

Detailed headnote1 paragraphs

Anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 granted to the petitioner in connection with Samsherganj P.S. Case No. 44 of 2025 dated 22.01.2025 under Sections 179/180 of the BNS, 2023, where the only material against the petitioner was the statement of a co-accused and the charge sheet had already been submitted. Bail directed upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, subject to the conditions of Section 482(2) BNSS, 2023 corresponding to Section 438(2) CrPC, 1973, with further conditions of surrender before the jurisdictional Court within four weeks, regular attendance and abstention from threatening or intimidating witnesses. (Jay Sengupta, J.)

10.02.2026 Court No.28 Item No. 65 tbsr Allowed

CRM (A) 319 of 2026

In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Samsherganj P.S. Case No. 44 of 2025 dated 22.01.2025 under Sections 179/180 of the BNS, 2023.

And

In the matter of: Shyam Charan Mandal

….Petitioner. Mr. Amitabha Karmakar Mr. Arup Kumar Bhowmick ….for the petitioner Ms. Rituparna Ghosh Ms. Debadrita Mondal ….for the State

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

Learned counsel appearing on behalf of the petitioner submits that the only material available against the petitioner is the statement of a co-accused, which is inadmissible in evidence.

Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. She submits that there is no criminal antecedent or money trail to implicate the petitioner. CDR analysis also could not be done. Charge sheet has been submitted. A warrant of arrest is pending.

Considering the above, the other materials available in the case diary, the fact that the only material available against the petitioner is the statement of a co-accused and the fact that charge sheet has been submitted, I am inclined to grant anticipatory bail to the petitioner.

2

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 condition that the petitioner shall surrender before the learned jurisdictional Court within four weeks from this date and pray for bail and shall attend the jurisdictional Court regularly and shall not threaten or intimidate witnesses.

The application for anticipatory bail is, thus, allowed.

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.

(Jay Sengupta, J.)