Kablu Ghosh @ Kabul Ghosh Vs State of West Bengal — Anticipatory Bail | Calcutta HC (2026)

Kablu Ghosh @ Kabul Ghosh Vs State of West Bengal — Anticipatory Bail | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail: in the event of arrest, release on furnishing 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; surrender before the jurisdictional Court within four weeks; stay outside Dubrajpur Police Station jurisdiction for two months except for attending Court or meeting the Investigating Officer.

Issue for consideration

Whether the petitioner, arraigned in Dubrajpur Police Station Case No. 366 of 2025 under Sections 126(2)/115(2)/117(2)/109/3(5) BNS 2023, should be granted anticipatory bail, i.e., whether his custodial interrogation is required.

Court's answer

Considering the case diary materials and the role ascribed to the petitioner on a plain reading of the FIR, custodial interrogation of the petitioner is not required; anticipatory bail is granted.

Ratio / Principle

The grant of anticipatory bail is conditioned on the petitioner's movement remaining restricted: release on a bond of Rs.10,000/- with two local-linked sureties of like amount, Section 438(2) CrPC / Section 482(2) BNSS conditions, surrender before the jurisdictional Court within four weeks, and stay outside Dubrajpur Police Station jurisdiction for two months (except for attending Court or meeting the Investigating Officer).

Detailed headnote1 paragraphs

Anticipatory Bail — Section 482, Bharatiya Nagarik Suraksha Sanhita — Granted. Petitioner in Dubrajpur Police Station Case No. 366 of 2025 (Sections 126(2)/115(2)/117(2)/109/3(5), BNS 2023) held not to require custodial interrogation on a consideration of the case diary and his alleged role on a plain reading of the FIR; anticipatory bail allowed 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, with further conditions of surrender before the jurisdictional Court within four weeks and residence outside Dubrajpur Police Station jurisdiction for two months (save for attending Court or meeting the Investigating Officer). Application disposed of. (Jay Sengupta, J.)

13.05.2026 Court No.28 Item No.89 ssi

CRM (A) 937 of 2026

In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita in connection with Dubrajpur Police Station Case No. 366 of 2025 dated 04.10.2025 under Sections 126(2)/115(2)/117(2)/109/ 3 (5) of the BNS 2023. And In the matter of: Kablu Ghosh @ Kabul Ghosh. …. Petitioner Mr. Sujoy Sarkar …for the petitioner Mr. Krishnendu Bhattacharya Mr. Priyankar Ganguly …Amicus

In the matter of: Kablu Ghosh @ Kabul Ghosh. Mr. Sujoy Sarkar Mr. Krishnendu Bhattacharya Mr. Priyankar Ganguly

Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner has been falsely implicated in this case. He was only a bystander. The principal accused, being one Krishan Ghosh and one Gangadhar Ghosh, were arrested and thereafter granted bail.

Learned Amicus assisting the State relies on the case diary and opposes the prayer for anticipatory bail. He relies on the FIR, the statements of witnesses and the injury report.

Considering the above, the other materials available in the case diary and the alleged role ascribed to the present petitioner, especially as would be evident from a plain reading of the FIR, 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. However, his movement shall remain restricted for a limited period.

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

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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 surrender before the learned jurisdictional Court and pray for bail within four weeks from this date. The petitioner shall stay outside the jurisdiction of Dubrajpur Police Station for a period of two months from this date, except for attending the jurisdictional Court or meeting the Investigating Officer.

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.)