Sudeb Talukdar and Anr. Vs the State of West Bengal — Anticipatory Bail | Calcutta HC (2026)

Sudeb Talukdar and Anr. Vs the State of West Bengal — Anticipatory Bail | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioners to be released on bail upon arrest on furnishing a bond of Rs.20,000/- each with two sureties of like amount each (one local), to the satisfaction of the Arresting Officer, subject to Section 438(2) CrPC / Section 482(2) BNSS conditions, plus conditions of appearance before the jurisdictional court, no witness intimidation or evidence tampering, and no leaving Mathabhanga Police Station jurisdiction; breach permits the jurisdictional court to cancel bail without further reference.

Issue for consideration

Whether the petitioners (Sudeb Talukdar & Anr.) are entitled to anticipatory/pre-arrest bail under Section 438 of the Code of Criminal Procedure, 1973 / Section 482 of the B.N.S.S. 2023 in connection with Mathabhanga Police Station Case No. 520 of 2025.

Court's answer

Pre-arrest bail allowed: considering the injury report and the nature of treatment provided to the victim, the court is inclined to grant anticipatory bail; the investigation is over, there is a case and counter-case between the neighbours, and the dispute appears private in nature.

Ratio / Principle

In the event of arrest, the petitioners are to be released on bail on furnishing a bond of Rs.20,000/- each with two sureties of like amount each (one of whom must be local), to the satisfaction of the Arresting Officer, subject to the conditions under Section 438(2) CrPC corresponding to Section 482(2) BNSS.

Key takeaways

Conditions imposed: the petitioners shall appear before the jurisdictional court on each date of hearing as may be fixed, shall not intimidate witnesses or tamper with evidence in any manner, and shall not leave the jurisdiction of the Mathabhanga Police Station.ratio¶14
On failure to adhere to any of the stated conditions, the learned jurisdictional court is entitled to cancel the bail without further reference to this court.ratio¶15

Detailed headnote1 paragraphs

Anticipatory bail under Section 438 CrPC / Section 482 BNSS sought by Sudeb Talukdar & Anr. in Mathabhanga Police Station Case No. 520 of 2025 (dated 01.07.2025) under Sections 329(4)/115(2)/117(2)/109/324(4)/303(2)/351(2)/3(5) BNS. Held: considering the injury report and the nature of treatment provided to the victim, the investigation being over, and the matter being a private dispute between neighbours with a case and counter-case, pre-arrest bail was granted — in the event of arrest, release on a bond of Rs.20,000/- each with two sureties of like amount each (one local) to the satisfaction of the Arresting Officer, subject to Section 438(2) CrPC / Section 482(2) BNSS conditions; petitioners to appear before the jurisdictional court on each hearing date, not to intimidate witnesses or tamper with evidence, and not to leave Mathabhanga Police Station jurisdiction; breach entitles the jurisdictional court to cancel bail without further reference to this court. Application disposed of. (Shampa Sarkar, J.)

22.07.2026 Ct. No. 11 SL No.22 Cp allowed

CALCUTTA HIGH COURT IN THE CIRCUIT BENCH AT JALPAIGURI

CRM (A) No. 508 of 2026

In Re: - An application for anticipatory bail under section 438 of the Code of Criminal Procedure, 1973/Section 482 of the B.N.S.S. 2023, in connection with Mathabhanga Police Station Case No.520 of 2025, dated 01.07.2025 under Sections 329(4)/ 115(2)/ 117(2)/109/324(4)/303(2)/351(2)/3(5) of the BNS.

And

In the matter of: Sudeb Talukdar & Anr.

….Petitioners.

Mr. Subhasish Misra Mr. Satyajit Paul Mr. Rounak Ghosh …for the Petitioners. Mr. Avrojyoti Das, Ld. APP Mr. Debanjan Das Mr. Roumyadip Saha

… for the State.

The petitioners pray for pre-arrest bail.

Considering the injury report and the nature of the treatment provided to the victim, this court is inclined to allow the prayer for prearrest bail. It is also submitted that the investigation is over and there is a case and counter-case between the neighbours. The dispute seems to be private in nature.

Accordingly, this court directs that, in the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs.20,000/- each with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer and 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 B.N.S.S. 2023. The petitioners shall appear before the jurisdictional

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court on each date of hearing as may be fixed. The petitioners shall not intimidate witnesses or tamper with evidence in any manner whatsoever and also shall not leave the jurisdiction of the Mathabhanga Police Station.

In case the petitioners fail to adhere to any of the conditions stated above, the learned jurisdictional court shall be entitled to cancel the bail without further reference to this court.

The application for anticipatory bail, thus, disposed of.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Shampa Sarkar, J.)