Abhijit Singha @ Avijit Singha and Others Vs State of… — Anticipatory Bail | Calcutta HC (2026)

Abhijit Singha @ Avijit Singha and Others Vs State of… — Anticipatory Bail | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted to petitioner Nos. 1, 3 and 4 in the event of arrest, on 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, subject to Section 438(2) CrPC / Section 482(2) BNSS conditions and further conditions of surrender before the jurisdictional Court within four weeks, regular attendance, and non-threatening/non-intimidation of witnesses; application dismissed as not pressed for petitioner no. 2.

Issue for consideration

Whether anticipatory bail should be granted to the petitioners (under Section 482 BNSS 2023 / Section 438 CrPC 1973) in connection with Suti P.S. Case No. 150 of 2023.

Court's answer

The application for anticipatory bail is dismissed as not pressed so far as petitioner no. 2 is concerned, since he has already been arrested.

Ratio / Principle

Anticipatory bail is granted to petitioner Nos. 1, 3 and 4, considering the submissions, the other materials available in the case diary and the fact that the charge sheet has been submitted.

Key takeaways

In the event of arrest, petitioner Nos. 1, 3 and 4 shall be released on bail 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 the conditions under Section 438(2) CrPC / Section 482(2) BNSS, and on further conditions that they surrender before the learned jurisdictional Court within four weeks, regularly attend the jurisdictional Court, and shall not threaten or intimidate witnesses.ratio¶¶13

Detailed headnote1 paragraphs

Anticipatory bail application (CRM (A) 842 of 2026) under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 / Section 438 of the Code of Criminal Procedure, 1973 by Abhijit Singha @ Avijit Singha & Ors. in connection with Suti P.S. Case No. 150 of 2023 dated 27.03.2023 under Sections 186/153A/295A/296/325/353/333/338 of the Indian Penal Code. Petitioner no. 2, having already been arrested, did not press his prayer, and the application was dismissed as not pressed for him. Considering the submissions, the other materials available in the case diary and the fact that the charge sheet has been submitted, the Court granted anticipatory bail to petitioner Nos. 1, 3 and 4: in the event of arrest, they are to be released on bail upon 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, and on further conditions of surrender before the learned jurisdictional Court within four weeks, regular attendance, and abstention from threatening or intimidating witnesses. Application disposed of. (Jay Sengupta, J.)

17.04.2026 Court No.28 Item No. 65 tbsr

CRM (A) 842 of 2026

In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023/Section 438 of the Code of Criminal Procedure, 1973 in connection with Suti P.S. Case No. 150 of 2023 dated 27.03.2023 under Sections 186/153A/295A/296/325/353/333/338 of the Indian Penal Code. And

In the matter of: Abhijit Singha @ Avijit Singha & Ors.

….Petitioners. Mr. Debapriya Samanta Mr. Suhotro Palit Mr. Sabyasachi Howlader Mr. Akash Kumar Chakraborty Mr. Raktim Siddhanta …for the petitioners.

Md. Anwar Hossain Mr. Soumyadip Saha ….for the State.

Learned counsel appearing on behalf of the petitioners submits that the petitioner no. 2 has already been arrested. As such, the application for anticipatory bail is not pressed so far as he is concerned.

Accordingly, the application for anticipatory bail is dismissed as not pressed so far as the petitioner no. 2 is concerned.

Learned counsel appearing on behalf of the petitioners submits as follows. The petitioners had organized a religious procession. It is alleged that, suddenly certain people attacked them and pelted stones and bricks bats. However, no complainant was filed by the petitioners in this regard. Instead, the police suo motu filed a complaint against the present petitioners. Charge sheet has been submitted.

2

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

Considering the above, the other materials available in the case diary and the fact that charge sheet has been submitted, I am inclined to grant anticipatory bail to the petitioner Nos. 1, 3 and 4.

In the event of arrest, the petitioner Nos. 1, 3 and 4 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 condition that the petitioner Nos. 1, 3 and 4 shall surrender before the learned jurisdictional Court within four weeks from this date and pray for bail and shall regularly attend the jurisdictional Court and shall not threaten or intimidate witnesses.

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

Urgent photostat certified copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all formalities.

(Jay Sengupta, J.)