Disposed¶9

Buddhadeb Biswas and Ors. v. State of West Bengal

Calcutta HC2 Apr 2026CRM (A)/682/2026

Case brief

AI extract

What is this about?

CRM (A) 682 of 2026; anticipatory bail; Section 482 BNSS; BNS 2023 Sections 108, 3(5), 316(2), 351(2), 85; abetment of suicide; Barrackpore Women Police Station Case No. 102 dated 20.12.2025; bond Rs.10,000/- with two sureties; Section 438(2) CrPC 1973 / Section 482(2) BNSS 2023 conditions; Jay Sengupta, J.; disposed 02.04.2026.

What did the court decide?

Anticipatory bail granted to all petitioners: in the event of arrest, release on a bond of Rs.10,000/- each with two sureties of like amount each (one local), to the satisfaction of the Arresting Officer, subject to Section 438(2) CrPC 1973 / Section 482(2) BNSS 2023 conditions and further conditions to co-operate with the investigation and not threaten or intimidate witnesses; petitioner no.1 to meet the I.O. once a fortnight till submission of report in final form. ¶9

Buddhadeb Biswas and Ors. Vs State of West Bengal — Dowry and Cruelty | Calcutta HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioners (described as the brother, the mother and the wife of the brother of the alleged victim) are entitled to anticipatory bail under Section 482 BNSS in connection with Barrackpore Women Police Station Case No. 102 dated 20.12.2025. +1 more

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Court's answer

Considering the materials available in the case diary and the alleged roles ascribed to the petitioners, the Court granted anticipatory bail to the petitioners notwithstanding the State's opposition.

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Ratio / Principle

In the event of arrest, the petitioners are to be released on bail on a personal 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, subject to the conditions under Section 438(2) CrPC 1973 / Section 482(2) BNSS 2023, with further conditions of co-operation with the investigation and no threatening or intimidation of witnesses; petitioner no.1 is to meet the I.O. once a fortnight till submission of the final report.

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Key takeaways

The question whether there is any element of abetment of suicide in the case is left open, to be finally decided by the Courts; the grant of anticipatory bail does not decide that question.obiter¶5

Detailed headnote1 paragraphs

Anticipatory bail under Section 482 BNSS granted to three petitioners described as the brother, the mother and the wife of the brother of the alleged victim, arraigned in Barrackpore Women Police Station Case No. 102 dated 20.12.2025 under Sections 108/3(5)/316(2)/351(2)/85 of the BNS 2023 (including abetment of suicide). Despite the State's opposition based on the case diary, the Court, considering the case-diary materials and the alleged roles of the petitioners, granted anticipatory bail: release on arrest upon a bond of Rs.10,000/- each with two sureties of like amount each (one local) to the satisfaction of the Arresting Officer, subject to Section 438(2) CrPC 1973 / Section 482(2) BNSS 2023 conditions, co-operation with investigation, and non-intimidation of witnesses; petitioner no.1 to meet the I.O. once a fortnight till final report. Whether there is any element of abetment of suicide was expressly left to be finally decided by the Courts. Application disposed of (Jay Sengupta, J., 02.04.2026).

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02.04.2026 Court No.28 Item No.50 ssi

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CRM (A) 682 of 2026 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita in connection with Barrackpore Women Police Station Case No. 102 dated 20.12.2025 under Sections 108/3(5)/316(2)/351 (2)/85 of the BNS 2023. And In the matter of: Buddhadeb Biswas & others. …. Petitioners Mr. Sabir Ahmed Mr. Dr. Gourav Kr. Shaw Mr. Sandeep Prasad Shaw Mr. Sagar Saha Mr. Amon Kumar Singh Mr. Bishal Ghosh …for the petitioners Mr. Bidyut Kumar Roy Ms. Snigdha Saha ..for the State

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Learned counsel appearing on behalf of the petitioners submits as follows. The petitioners are the brother, the mother and the wife of the brother of the alleged victim. It was actually because of a previous relationship of the wife of the victim, that the victim had committed suicide and, in order to save herself, the present false FIR has been lodged by the wife.

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Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. He refers to the case diary, the statements of witnesses and the other materials available in the case diary.

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

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However, considering the materials available in the case diary and the alleged roles ascribed to the present petitioners, I am inclined to grant anticipatory bail to the petitioners.

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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 co-operate with the investigation and shall not threaten or intimidate the witnesses. The petitioner no.1 shall meet the I.O. once a fortnight till submission of report in final form.

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

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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.)

Buddhadeb Biswas and Ors. v. State of West Bengal

Case brief

What is this about?

What did the court decide?

Buddhadeb Biswas and Ors. v. State of West Bengal

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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