Raja Sarkar and Ors. Vs State of West Bengal — Anticipatory Bail | Calcutta HC (2026)

Raja Sarkar and Ors. Vs State of West Bengal — Anticipatory Bail | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Application disposed of by granting anticipatory bail to the petitioners in connection with Domjur Police Station Case No. 863: on arrest, release on 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, subject to the conditions under Section 438(2) CrPC corresponding to Section 482(2) BNSS, with further conditions of co-operation with the investigation, non-threat/non-intimidation of witnesses, and meeting the I.O. once a fortnight till submission of the final report.

Issue for consideration

Whether anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita should be granted to the petitioners in connection with Domjur Police Station Case No. 863 dated 13.12.2023 under Section 306 of the Indian Penal Code (abetment of suicide).

Court's answer

Considering the materials available in the case diary and the fact that some similarly circumstanced co-accused were granted anticipatory bail by this Court earlier (27.02.2026, CRM (A) 557 of 2026), the Court was inclined to grant anticipatory bail to the petitioners.

Ratio / Principle

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 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.

Key takeaways

Further conditions imposed: the petitioners shall co-operate with the investigation, shall not threaten or intimidate the witnesses, and shall meet the I.O. once a fortnight till submission of report in final form.ratio¶11
Whether there is any element of abetment of suicide in this case was expressly left to be finally decided by the Courts; it was not decided in this order.obiter¶7

Detailed headnote1 paragraphs

Anticipatory bail under Section 482, Bharatiya Nagarik Suraksha Sanhita, sought in connection with Domjur Police Station Case No. 863 dated 13.12.2023 under Section 306 of the Indian Penal Code, arising out of a property dispute in which, it is alleged, after a Civil Court injunction was granted in favour of the accused, the alleged victim committed suicide. The State opposed the prayer relying on the case diary (witness statements and post mortem report) and allegations of threats. Relying on the case-diary materials and on parity with similarly circumstanced co-accused who had been granted anticipatory bail by the same Court on 27.02.2026 in CRM (A) 557 of 2026, the Court granted anticipatory bail: bond of Rs.10,000/- each with two like-amount sureties (one local) to the satisfaction of the Arresting Officer, subject to Section 438(2) CrPC conditions corresponding to Section 482(2) BNSS, co-operation with investigation, no threatening or intimidating of witnesses, and meeting the I.O. once a fortnight till final report. The question whether any element of abetment of suicide exists was expressly left for the Courts to finally decide.

09.04.2026 Court No.28 Item No.57 ssi

CRM (A) 773 of 2026

In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita in connection with Domjur Police Station Case No. 863 dated 13.12.2023 under Sections 306 of the Indian Penal Code.

And In the matter of: Raja Sarkar & others. …. Petitioners Mr. Anindya Ghosh Ms. Sumita Sarkar …for the petitioners Mr. Ranadeb Sengupta Mr. Tirupati Mukherjee ..for the State

Learned counsel appearing on behalf of the petitioners submits that there was a property dispute between the adverse parties. It is alleged that as an injunction was granted in favour of the accused by a Civil Court, the alleged victim committed suicide. A similarly circumstance co-accused were granted anticipatory bail by this Court on 27.02.2026 in CRM (A) 557 of 2026.

Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. He relies on the case diary including the statements of witnesses and the post mortem report. He submits that there are also allegations of threats present in the complaint.

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

However, considering the above, the other materials available in the case diary and the fact that some similarly circumstanced co-

2

accused were granted anticipatory bail by this Court earlier, I am inclined to grant anticipatory bail to the petitioners.

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 petitioners shall meet the I.O. once a fortnight till submission of report in final form.

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

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

(Jay Sengupta, J.)