Calcutta High Court (Appellete Side)
Sukanta Biswas vs Unknown on 16 April, 2025
Author: Jay Sengupta
Bench: Jay Sengupta
16.04.2025
Court No.28
Item No.33
tbsr
Allowed
CRM (A) 1204 of 2025
In Re: – An application for anticipatory bail under Section 482 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 and Section 438 of the
Code of Criminal Procedure in connection with Gaighata P.S. Case
No.1148 of 2021 dated 08.12.2021 under Sections
341/326/307/34 and adding Section 302 of the Indian Penal Code.
And
In the matter of: Sukanta Biswas
….Petitioner.
Mr. Akash Ganguly
Mr. S. Banerjee
…for the petitioner.
Ms. Amita Gour
Mr. Nirupam Dhali
…..for the State.
Learned counsel appearing on behalf of the petitioner submits as
follows. The petitioner was not named in the FIR. However, his name
transpired after submission of charge sheet. But, there is no
admissible material available against the present petitioner. Similarly
circumstanced accused was granted anticipatory bail by a Division
Bench of this Court on 13.05.2022 in CRM (A) 2164 of 2022.
Learned counsel appearing on behalf of the State relies on the
case diary and submits that apart from the statement of a co-
accused, there is no other incriminating material appearing against
the petitioner.
Considering the materials available in the case diary, the fact that
substantially similarly circumstanced co-accused was granted
anticipatory bail earlier and the fact that charge sheet has already
been submitted, I am inclined to grant anticipatory bail to the
petitioner.
2
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 not threaten or intimidate witnesses and shall appear
before the jurisdictional Court on the date fixed.
The application for anticipatory bail is, thus, allowed.
(Jay Sengupta, J.)