Anticipatory bail application in a cyber crime case involving only bailable offences. The court held the application was not maintainable as no non-bailable provisions were charged, and disposed of it with liberty to surrender before the jurisdictional court for regular bail, free from influence of prior observations.
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05.02.2026 Court No.28 Item No.35 ssi
CRM (A) 99 of 2026
In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Suraksha Nagarik Sanhita in connection with Paschim Medinipur Cyber Crime Police Station Case No. 2 of 2025 dated 13.02.2025 under Sections 79/356 (3) of the BNS 2023 read with Section 66E of IT Act with added Sections 3 (5)/61 (2) of BNS 2023 read with Section 67 of the IT Act.
And.
In the matter of: Sankar Prasad Kundu.
Mr. Soumajit Chatterjee Ms. Suchismita Dutta
…. Petitioner. …for the petitioner
Mr. Anupam Dasadhikari Ms. Ankita Paul
..for the State
Learned counsel appearing on behalf of the petitioner submits
that the charges are bailable. Yet, the petitioner apprehends arrest because the Session Court had rejected the prayer for anticipatory bail holding that custodial interrogation of the petitioner is required.
Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail.
It is indeed very surprising that in a case involving bailable offences, the application for anticipatory bail was rejected.
As there are no non-bailable provisions charged in the FIR, the application for anticipatory bail is not maintainable.
Accordingly, the application for anticipatory bail is disposed of by granting liberty to the petitioner to surrender before the learned jurisdictional Court and pray for bail which shall be decided without being influenced by any observations either made herein or in the order passed by the learned Sessions Court.
2
CRM (A) 99 of 2026 is disposed of.
(Jay Sengupta, J.)
1 issue framed by the court
Whether anticipatory bail is maintainable when only bailable offences are alleged against the petitioner.
5 provisions across 3 enactments
Sankar Prasad Kundu
State
Jay Sengupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
