Sk. Raju v. State of West Bengal
Anticipatory bail – S.482, Bharatiya Nagarik Suraksha Sanhita, 2023
Case brief
What is this about?
Single-judge order (Tirthankar Ghosh, J.) in C.R.M. (A) 938 of 2026, Sk. Raju v. The State of West Bengal, dated 17.07.2026, allowing anticipatory bail under S.482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 arising from Ausgram Police Station Case No.43 of 2026 dated 01.02.2026 under Ss.318(2)/316(2)/303(2) of the Bharatiya Nyaya Sanhita, 2023. Petitioner's counsel argued the disputes bore the trappings of commercial transactions; the State opposed. Court found custodial interrogation unwarranted on case diary materials; release on bail in the event of arrest to the satisfaction of the Arresting Officer subject to S.438(2)/S.482(2) conditions, and availability to the investigating officer since the charge-sheet was not filed.
What did the court decide?
Anticipatory bail allowed: in the event of arrest, petitioner Sk. Raju to be released on bail to the satisfaction of the Arresting Officer, subject to the conditions under Section 438(2) corresponding to Section 482(2) of the Bharatiya Nagarik Sanhita, 2023; petitioner to remain available to the investigating officer as the charge-sheet has not been submitted.