Research › Search › Judgment

Calcutta High Court · body

2026 DAILYLAW 27232 (CAL)

TOOFAN PRAMANIK v. STATE OF WEST BENGAL

CRM (A)/1457/2026 · 2026-07-07

Jay Sengupta

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

07.07.2026 Court No.28 Item No. 58 tbsr Allowed CRM (A) 1457 of 2026 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1976 read with Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Burdwan P.S. Case No.459 of 2026 dated 05.05.2026 under Sections 329(4)/115(2)/334(1)/303(2)/324(4)/352/3(5) of the BNS, 2023. And In the matter of: Toofan Pramanik Mr. Allen Felix ….for the petitioner Mr. Somnath Adhikary Mr. Saswata Chatterjee ….for the State Learned counsel for the petitioner submits as follows. The petitioner is an educated person. A neighbour has falsely alleged that he along with others broke open the door of the house of the informant and stole property in broad daylight. The petitioner has been falsely implicated in this case. Learned counsel appearing on behalf of the State relies on the case diary and opposes the prayer for anticipatory bail. He relies on the statements of witnesses. However, there is no statement of an independent local witness available in the case diary. The petitioner has not responded to the notice issued. 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 the petitioner. 2 In the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (rupees ten thousand) 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 the further conditions that the petitioner shall cooperate with the investigation, shall meet the Investigating Officer once a week till submission of report in final form and shall not threaten or intimidate witnesses. The application for anticipatory bail is, thus, allowed. 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.)