Joydeep Das Gupta Vs State of West Bengal — Cheating and Forgery | Calcutta HC (2026)

Joydeep Das Gupta Vs State of West Bengal — Cheating and Forgery | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted: on arrest, release on 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, fortnightly meetings with the investigating officer till submission of final report, and abstention from threatening or intimidating witnesses.

Issue for consideration

Whether anticipatory bail under Section 482 BNSS 2023 should be granted to the petitioner in connection with Hasnabad P.S. Case No.566 of 2025, i.e., whether custodial interrogation of the petitioner is required.

Ratio / Principle

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

Key takeaways

In the event of arrest, the petitioner is to be released on bail on a bond of Rs.10,000/- with two sureties of like amount (one local), subject to Section 438(2) CrPC / Section 482(2) BNSS conditions, cooperation with investigation, meeting the investigating officer once a fortnight till final report, and not threatening or intimidating witnesses.ratio¶9

Detailed headnote1 paragraphs

Anticipatory bail — Section 482 BNSS 2023 — applicant, an employee of the de facto complainant, facing Hasnabad P.S. Case No.566 of 2025 dated 07.10.2025 under Sections 318(2)/318(4)/316(2)/316(5)/61(2)/3(5) BNS over alleged delivery of excess goods to a dealer and taking of employees' provident fund monies — State opposed citing witness statements and documents; dealer's statement at page 12 of the case diary said excess deliveries were adjusted — Court held custodial interrogation not required and granted anticipatory bail: bond of Rs.10,000/- with two like-amount sureties (one local), conditions of Section 438(2) CrPC/Section 482(2) BNSS, cooperation with investigation, fortnightly reporting to the investigating officer till final report, and no threatening or intimidating of witnesses.

AD 27

March 12, 2026 Ct. 28 SG

Allowed

CRM(A) 638 of 2026 An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Hasnabad P.S. Case No.566 of 2025 dated 07.10.2025 under Sections 318(2)/318(4)/316(2)/316(5)/61(2)/3(5) of the BNS. And In the matter of: Joydeep Dasgupta … petitioner Mr. Rajendra Banerjee Mr. Souvik Ganguly … for the petitioner Mr. Anand Keshari Mr. Sobhan Gani … for the State

Learned counsel for the petitioner submits that the petitioner is an employee of the de facto complainant. It is alleged that he has caused loss to the concern by delivering more goods to a dealer and by taking money meant for provident fund for other employees.

Learned counsel for the State opposes the prayer for anticipatory bail and refers to the statements of witnesses and the copies of documents collected. He submits that there is a statement of the said dealer present at page 12 of the case diary which states that any goods that were delivered in excess were adjusted.

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.

2

In the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (rupees ten thousand) 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 the further conditions that the petitioner shall cooperate with the investigation, shall meet the investigating officer once a fortnight till submission of report in final form and shall not threaten or intimidate witnesses.

The application for anticipatory bail is, thus, allowed.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of requisite formalities.

(Jay Sengupta, J.)