Sudip Das and Ors. Vs State of West Bengal — Anticipatory Bail | Calcutta HC (2026)

Sudip Das and Ors. Vs State of West Bengal — Anticipatory Bail | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted to all petitioners: in the event of arrest, release on furnishing a bond of Rs.10,000/- each with two sureties of like amount each (one surety to be local), to the satisfaction of the Arresting Officer, subject to the conditions under Section 438(2) CrPC corresponding to Section 482(2) BNSS, 2023, and on further conditions that the petitioners surrender before the learned jurisdictional Court and pray for bail within four weeks and shall not threaten or intimidate the witnesses.

Issue for consideration

Whether the petitioners are entitled to anticipatory bail under Section 482 of the Bharatiya Suraksha Nagarik Sanhita in connection with Kalyani Police Station Case No. 328 of 2024 under Sections 306/34 IPC. +1 more

Court's answer

Considering the materials available in the case diary and the fact that a charge sheet has been submitted, custodial interrogation of the petitioners is not required, and anticipatory bail is granted to them.

Ratio / Principle

The application for anticipatory bail is allowed; 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), subject to the conditions under Section 438(2) CrPC / Section 482(2) BNSS, with further conditions to surrender before the jurisdictional Court within four weeks and not to threaten or intimidate witnesses.

Key takeaways

Whether there is any element of abetment of suicide in this case is a question left open, to be finally decided by the Courts.obiter¶8

Detailed headnote1 paragraphs

Anticipatory bail — Section 482 of the Bharatiya Suraksha Nagarik Sanhita — application in connection with Kalyani Police Station Case No. 328 of 2024 dated 04.05.2024 under Sections 306/34 IPC — petitioners are brothers-in-law and mother-in-law of the deceased; allegation of abetment of suicide — charge sheet already submitted — considering case diary materials and submission of charge sheet, custodial interrogation not required — anticipatory bail granted: bond of Rs.10,000/- each with two sureties of like amount each (one local), subject to Section 482(2) BNSS / Section 438(2) CrPC conditions, surrender before jurisdictional Court within four weeks, and no threatening or intimidating of witnesses — question whether there is any element of abetment of suicide expressly left to be finally decided by the Courts. (Jay Sengupta, J.)

03.02.2026 Court No.28 Item No.27 ssi

CRM (A) 4407 of 2025

In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Suraksha Nagarik Sanhita in connection with Kalyani Police Station Case No. 328 of 2024 dated 04.05.2024 under Sections 306/34 of the Indian Penal Code.

And In the matter of: Sudip Das & others. …. Petitioners. Mr. Shibaji Kumar Das Ms. Maitrayee Das …for the petitioners Mr. Saibal Bapuli, Ld. APP Mr. Subham Bhakat

..for the State

Learned counsel appearing on behalf of the petitioners submits as follows. Five months before the incident, the wife of the victim had left the matrimonial home. The victim husband committed suicide in his own house. The present petitioners are the brothers in law and the mother in law of the alleged victim. The petitioner contends that the husband committed suicide due to depression as the wife had developed extramarital relationship.

Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail.

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

However, considering the materials available in the case diary and the fact that a charge sheet has been submitted, I do not think that custodial interrogation of the petitioners is required in this case and I am inclined to grant anticipatory bail to the petitioners.

2

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

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 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 petitioners shall surrender before the learned jurisdictional Court and pray for bail within four weeks from this date and shall not threaten or intimidate the witnesses.

The application for anticipatory bail is, thus, disposed of.

(Jay Sengupta, J.)