Calcutta High Court (Appellete Side)
Sukdeb @ Sukhdeb Das vs Unknown on 18 May, 2026
Author: Jay Sengupta
Bench: Jay Sengupta
18.05.2026 Court No.28 Item No.54 tbsr Allowed CRM (A) 1265 of 2026 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Chakdah P.S. Case No.552 of 2026 dated 15.04.2026 under Sections 329(4)/115(2)/117(2)/74/75(1)/64/62/351(3)/3(5) of the BNS, 2023.
And In the matter of: Sukdeb @ Sukhdeb Das ....Petitioner.
Mr. Shibaji Das Ms. Maitrayee Das ...for the petitioner.
Mr. Somnath Adhikary .....Amicus.
Report filed on behalf of the State is taken on record. Despite service, no one appears on behalf of the alleged victim. Learned counsel appearing on behalf of the petitioner submits that the present petitioner had a relationship with the victim lady and when the relationship turned sour, an FIR was lodged. Learned Amicus assisting the State relies on the case diary and opposes the prayer for anticipatory bail. He relies on the victim recorded before the learned Magistrate and other statements of witnesses. However, he submits that the victim refused to undergo medical examination.
Considering the above and the other materials available in the case diary, I do not think that custodial interrogation of the petitioner is required in this case and I am inclined to grant anticipatory bail to 2 the petitioner. However, the movement of the petitioner 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 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 shall cooperate with investigation, shall meet the I.O. once a week till submission of report in final form, shall not threaten or intimidate witnesses and shall stay outside the jurisdiction of Chakdah P.S. for a period of three months except for meeting the Investigating Officer or attending the jurisdictional Court. The application for anticipatory bail is, thus, allowed. Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for.
(Jay Sengupta, J.)