/2252/2026 of RAJESH SHARMA AND ANR. Vs STATE OF WEST BENGAL on 31 August 2026

1. This is an application for anticipatory bail filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Bolpur Police Station Case No. 218 of 2026 dated 04.06.2026 under Sections 132/221/74/79/324(4)/115(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023.

2. Mr. Lahiri, learned Advocate appearing for the petitioners, submits that the principal accused, viz., Montu Sharma, has been enlarged on bail. He further submits that another co-accused person, viz., Gour Gopal Dutta, standing on the same footing as the petitioners, has been granted pre-arrest bail by a Coordinate Bench of this Court vide order dated 27th July, 2026 in CRM (A) 2129 of 2026. In such circumstances, according to him, custodial interrogation of the present petitioners is not necessary.

3. Mr. Chakraborti, learned Advocate appearing for the State/respondents, produces the Memo of Evidence as well as the Case

2 Diary and vehemently opposes the prayer for anticipatory bail of the petitioners on the basis of the materials available therein. The Memo of Evidence filed in Court today is taken on record.

4. Heard the learned Advocates appearing for both the parties and perused the case diary as well as the other materials on record including the Memo of Evidence.

5. The principal accused, viz., Montu Sharma, has been enlarged on bail. Another co-accused, viz., Gour Gopal Dutta, has been granted pre- arrest bail by a Coordinate Bench of this Court. The incident allegedly occurred in the presence of direct evidence. Noting these facts, I am of the opinion that custodial interrogation of the petitioners is not necessary and that they may be granted anticipatory bail.

6. Accordingly, I direct that, in the event of arrest, the accused/petitioners, namely, (1) Rajesh Sharma and (2) Ramesh Sharma, be released on bail upon furnishing a bond of Rs.10,000/- (Rupees ten thousand only) each, with two sureties of like amount each, to the satisfaction of the learned Additional Chief Judicial Magistrate, Bolpur, Birbhum, and also subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The petitioners shall meet the Investigating Officer once in a fortnight till submission of the charge-sheet.

7. The application for anticipatory bail is, thus, disposed of.

(Partha Sarathi Chatterjee, J.)