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2026 DAILYLAW 28104 (CAL)

ASHOKE KUMAR SAHA @ ASHOK KR. SAHA v. STATE OF WEST BENGAL

CRM (A)/1920/2026 · 2026-07-14

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

D/L954 14.07.2026 Bpg. Allowed C.R.M. (A) 1920 of 2026 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 corresponding to Section 438 of the Code of Criminal Procedure, 1973 filed in connection with English Bazar Police Station Case No.0981 dated 06.06.2026 under Sections 384/385/506/34 of the Indian Penal Code; Ashoke Kumar Saha alias Ashok Kr. Saha Versus The State of West Bengal Mr. Sobhendu Sekhar Roy Mr. Biswajit Manna Mr. Argha Banerjee Mr. Tonmoy Chatterjee Mr. Dipayan Kundu Ms. Moon Moon Tewary. …for the petitioner. Mr. Bhaskar Seth. …for the State. Learned advocate appearing for the petitioner submits that the petitioner was a local people and because of change of political environment he has been implicated in the present case. Learned advocate for the State opposes the prayer for bail, as according to the learned advocate for the State, petitioner has extorted money from large number of poor persons. I have taken into account the materials appearing in the case diary which are statement of the witnesses. So far as the amounts are concerned, prima facie, I do not find that at this stage there are materials to suggest that the prosecution has been able to 2 collect and connect the present petitioner. No bank account statements, nothing has been shown neither the assets of the accused have been referred to. Having considered the totality of the circumstances and the accusations are from the year 2022, I am inclined to grant the benefit of anticipatory bail. Accordingly, in the event of arrest, the petitioner, namely, Ahoke Kumar Saha alias Ashok Kr. Saha shall be released on bail 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 corresponding to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Learned advocate for the State takes an exception that notice under Section 35(3) of the BNSS not being complied with. Petitioner submits that for treatment of the daughter the petitioner was not there at home where the notice was pasted. Be that as it may, considering the nature of accusations complained of, I direct the petitioner to meet with the investigating officer of the case on 21st July, 2026 within 12.00 P.M.to 3.00 P.M. Petitioner shall make himself available as and when called for by the investigating officer of the case and shall not leave the district of Malda without prior permission of the learned CJM, Malda. In case there is any violation of the aforesaid conditions, the investigating officer would be at liberty to take out an application before the learned CJM, Malda for compliance and co-operation in respect of the investigation. Learned CJM, Malda will not deter to initially issue harsher process of law for aiding the investigating officer of 3 the case. With the aforesaid observations, CRM(A)1920 of 2026 is allowed. All parties shall act on the server copy of this order duly 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 of all requisite formalities. (Tirthankar Ghosh, J.)