Allowed¶13

Samrat Paul v. State of West Bengal

Anticipatory bail – S.482 Bharatiya Suraksha Nagarik Sanhita

Calcutta HC5 Mar 2026CRM (A)/544/2026

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Case brief

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What is this about?

Anticipatory bail granted; S.482 BNSS; Sarsuna PS Case No. 14 of 2026 dt. 22.01.2026; BNS 2023 ss.115(2)/118(1)/126(2)/3(5)/351(2)/54; petitioner Samrat Paul; counter-blast/dowry claim by counsel; no grievous injury per injury report; bond Rs.10,000/-, two sureties (one local); conditions S.438(2) CrPC / S.482(2) BNSS; fortnightly reporting Hirapur PS; Jay Sengupta, J.; 05.03.2026.

What did the court decide?

Anticipatory bail granted: on arrest, release 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, cooperation with investigation, non-intimidation of witnesses, and fortnightly reporting to the Officer in Charge, Hirapur Police Station till final report. ¶13

Samrat Paul Vs State of West Bengal — Anticipatory Bail | Calcutta HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether anticipatory bail under Section 482 of the Bharatiya Suraksha Nagarik Sanhita should be granted to the petitioner in connection with Sarsuna Police Station Case No. 14 of 2026 under Sections 115(2)/118(1)/126(2)/3(5)/351(2)/54 of the BNS 2023.

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Court's answer

Considering the materials in the case diary, custodial interrogation of the petitioner is not required and the court is inclined to grant anticipatory bail.

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Ratio / Principle

In the event of arrest, the petitioner is to be released on bail on 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.

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Key takeaways

The release is subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure, 1973 (corresponding to Section 482(2) of the BNSS, 2023), and further conditions that the petitioner shall cooperate with the investigation and shall not threaten or intimidate witnesses.ratio¶16
The petitioner shall meet the Officer in Charge of the Hirapur Police Station once a fortnight until submission of the report in final form.ratio¶16

Detailed headnote1 paragraphs

Anticipatory bail — S.482 Bharatiya Suraksha Nagarik Sanhita — applicant sought bail in Sarsuna Police Station Case No. 14 of 2026 (22.01.2026) under Sections 115(2)/118(1)/126(2)/3(5)/351(2)/54 BNS 2023; State opposed relying on witness statements and injury report showing no grievous injury; court held custodial interrogation unnecessary and granted anticipatory bail on a bond of Rs.10,000/- with two like-amount sureties (one local), subject to S.438(2) CrPC 1973 / S.482(2) BNSS 2023 conditions, cooperation with investigation, no intimidation of witnesses, and fortnightly reporting to OC, Hirapur Police Station till filing of final report. (Jay Sengupta, J.; 05.03.2026)

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05.03.2026 Court No.28 Item No.40 ssi

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CRM (A) 544 of 2026

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In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Suraksha Nagarik Sanhita in connection with Sarsuna Police Station Case No. 14 of 2026 dated 22.01.2026 under Sections 115(2)/118(1)/126(2)/3(5)/351 (2)/54 of the BNS 2023.

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And

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In the matter of: Samrat Paul.

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…. Petitioner. Mr. Sabyasachi Mukherjee Mr. Mukesh Khanna Mr. Mrinmay Nandy Ms. Swastika Saha Mr. Ranabeer Halder

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…for the petitioner

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Mr. P. K. Dutta, Ld.APP Mr. D. Ghorai

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..for the State

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Learned counsel appearing on behalf of the petitioner submits

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that this is a counter blast against a prior case of torture due to dowry demand started by the sister of the petitioner against her husband the present de facto complainant.

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Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. He relies on the statements of the witnesses and the injury report which, however, do not show infliction of any grievous injury.

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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.

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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

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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 Officer in Charge of the Hirapur Police Station once a fortnight till submission of report in final form.

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Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

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(Jay Sengupta, J.)

Samrat Paul v. State of West Bengal

Case brief

What is this about?

What did the court decide?

Samrat Paul v. State of West Bengal

Case brief

What is this about?

What did the court decide?

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What the court decided

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