Calcutta High Court
CRM (A)/3098/2026 of ATANU DAS Vs STATE OF WEST BENGAL on 1 October 2026
Court No.35. D/L. 11. Kausik (Allowed) CRM ( A ) 3098 of 2026 In Re: An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure, 1973/Under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Gazole Police Station Case No. 659/2026 dated
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01.10.2026 Court No.35. D/L. 11. Kausik (Allowed)
CRM (A) 3098 of 2026
In Re: An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure, 1973/Under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Gazole Police Station Case No. 659/2026 dated 23.06.2026 under section 85/108/351(3)/3(5) of BNS, 2023.
And
In the matter of : Atanu Das
……Petitioner.
Mr. Raj Kr. Sain
Mr. Argha Das
……for the Petitioner.
Mr. Arindam Dey
Mr. Ayon Shubhra Bandyopadhyay
….for the State.
Learned advocate appearing for the petitioner submits petitioner is the husband of the deceased who has been foisted with the present criminal case. Marriage took place 11 years prior to the incident and the deceased was staying separately at her parental home. The incident took place at the parental home. Petitioner says that there are no abatement at his behest. As such, he may be granted the relief for anticipatory bail.
State opposes the prayer for anticipatory bail, produces the case diary. However, State is unable to refute the aforesaid issues canvassed on behalf of the petitioner.
I have taken into account the materials appearing in the case diary including the post-mortem report. Having regard to the same, I am of the opinion, although case for investigation is made out but custodial detention of the present petitioner is unwarranted.
As such, prayer for anticipatory bail is allowed. As such, I direct that in the event of arrest, the petitioner, namely, Atanu Das be released on bail subject to the satisfaction of the investigating officer/arresting officer of the case and also subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and/or under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. As the investigation of the case is in progress petitioner shall report to the investigating officer within a period of 10 days and on all subsequent dates fixed by the investigating officer till the report in final form is submitted before the jurisdictional Court. Accordingly, CRM (A) 3098 of 2026 is allowed. Memo of Evidence submitted be kept with the record.
All parties shall act in terms of server copy of the order downloaded from the official website of this Court.
Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.
(Tirthankar Ghosh, J.)