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2026 DAILYLAW 11199 (CAL)

RAMAKANTA NAG v. STATE OF WEST BENGAL

CRM (A)/13/2026 · 2026-02-02

Jay Sengupta

body2026

Judgment text

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02.02.2026 Sl. No.19 Ct. 28 NB C.R.M (A) 13 of 2026 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Nayagram PS Case No.39/2025 dated 04.03.2025 under Sections 336(3)(4)/338/340(2)/61(2) of Bharatiya Nyaya Sanhita, 2023. And In the matter of: Ramakanta Nag … petitioner Mr. Moyukh Mukherjee, Mr. Nilavo Bose. …for the petitioner. Mr. Arindam Sen, Mr. M. F. A. Begg. …for the State. Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner is an orphan who was brought up in the orphanage in question. He got married to a boarder of the orphanage. The present President of the Committee has alleged that a faction had illegally taken over the control of the orphanage and the petitioner impersonated as the President. After coming to know about all these, the petitioner learnt that he was himself a victim of circumstances. He was made to believe that the Body who had offered him to be the President was a legally constituted one. Accordingly, he filed an affidavit before the Investigating Agency intimating the same. Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. He refers to the complaint and the statements of witnesses. Charge sheet has been submitted. 2 Considering the above, the other materials available in the case diary, the fact that the principal allegation is about fight between factions to take control over the management of the orphanage and the fact that charge sheet has already been submitted, I am inclined to grant anticipatory bail to the present petitioner. Accordingly, 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 Arresting Officer and subject to the conditions as laid down under Section 438 of the Code of Criminal Procedure, corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita and on further condition that the petitioner shall not threaten or intimidate witnesses or tamper with evidence in any manner whatsoever and shall surrender before the learned jurisdictional Court and pray for bail within four weeks from this date and shall attend the jurisdictional Court regularly. The application for anticipatory bail is, thus, disposed of. Urgent photostat certified copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all formalities. (Jay Sengupta, J.)