Emarat Box Vs State of West Bengal — Cheating and Forgery | Calcutta HC (2026)

Emarat Box Vs State of West Bengal — Cheating and Forgery | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail to the petitioner: in the event of arrest, release on a bond of Rs.10,000 with two sureties of like amount each (one local) to the satisfaction of the Arresting Officer, subject to Section 438(2) CrPC, 1973 conditions corresponding to Section 482(2) BNSS, 2023, and further conditions that the petitioner co-operate with the investigation, not threaten or intimidate witnesses, and meet the I.O. once a week till submission of report in final form.

Issue for consideration

Whether anticipatory bail under Section 482 of the Bharatiya Suraksha Nagarik Sanhita should be granted to the petitioner in connection with Deganga Police Station Case No. 610 of 2025, i.e., whether custodial interrogation of the petitioner is required.

Court's answer

Custodial interrogation of the petitioner is not required, having regard to the anticipatory bail already granted to the petitioner's father (the alleged impersonator who gifted the property), the other materials in the case diary, and the fact that bulk of the relevant documents have already been seized.

Ratio / Principle

Anticipatory bail granted: in the event of arrest, the petitioner is to be released on a bond of Rs.10,000 with two sureties of like amount each (one local), subject to the conditions under Section 438(2) CrPC, 1973 corresponding to Section 482(2) BNSS, 2023, and further conditions of co-operation with the investigation, not threatening or intimidating witnesses, and meeting the I.O. once a week till submission of the final report.

Detailed headnote1 paragraphs

Anticipatory bail — Section 482, Bharatiya Suraksha Nagarik Sanhita — application in connection with Deganga Police Station Case No. 610 of 2025 dated 14.11.2025 under Sections 318(4)/322/338/340(2)/3(5) of the BNS 2023 — allegation that the petitioner's father impersonated another person and gifted a property to the petitioner — the father, the alleged impersonator, had already been granted anticipatory bail, and bulk of the relevant documents had been seized — custodial interrogation of the petitioner held not required — anticipatory bail granted on a bond of Rs.10,000 with two sureties of like amount each (one local), subject to the conditions under Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the BNSS, 2023, with further conditions of co-operation with the investigation, abstention from threatening or intimidating witnesses, and a weekly meeting with the I.O. till submission of the final report.

05.02.2026 Court No.28 Item No.33 ssi

CRM (A) 75 of 2026

In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Suraksha Nagarik Sanhita in connection with Deganga Police Station Case No. 610 of 2025 dated 14.11.2025 under Sections 318 (4)/322/338/340(2)/3(5) of the BNS 2023.

And

In the matter of: Emarat Box Ms. Susnigdho Bhattacharyya Ms. Sarmistha De Mr. Amitabha Ghosh Mr. Suman De Ms. Sonali Bhar

…. Petitioner. …for the petitioner ...for the de facto ..for the State

Learned counsel appearing on behalf of the petitioner submits as follows. It is alleged that the petitioner’s father had impersonated as the son of the de facto complainant’s father and gifted a property to the present petitioner. The petitioner’s father was granted anticipatory bail by the Court. The de facto complainant had filed a title suit earlier on 13.05.2025. The present FIR was registered only on 14.11.2025.

Learned counsel appearing on behalf of the de facto complainant strongly opposes for anticipatory bail. The petitioner is the real beneficiary of the Act and the other co-accused was granted anticipatory bail because of old age.

Learned counsel appearing on behalf of the State strongly opposes the prayer for anticipatory bail. However, she submits that bulk of the relevant documents have already been seized.

2

It appears that the accused being the petitioner’s father who had impersonated as someone else and gifted the property in question to the present petitioner has been granted anticipatory bail.

Considering the above and the other materials available in the case diary and the fact that bulk of the relevant documents have already been seized, 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.

Accordingly, the application for anticipatory bail of the petitioner

is allowed.

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 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 I.O. once a week till submission of report in final form.

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

(Jay Sengupta, J.)