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2026 DAILYLAW 30197 (CAL)

INDAL KUMAR YADAV v. STATE OF WEST BENGAL

CRM(M)/1527/2026 · 2026-07-27

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

27.07.2026 IN THE HIGH COURT AT CALCUTTA Item No.270 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc. Allowed C.R.M. (M) 1527 of 2026 In Re : An Application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 corresponding to Section 439 of the Code of Criminal Procedure, 1973 filed in connection with Belghoria Police Station Case No. 69 of 2025 dated 09.03.2025 under Sections 117(2)/118(2)/109/ 3(5)/61(2) of the Bharatiya Nyaya Sanhita, 2023 read with Sections 25/27 of the Arms Act (G.R. Case No. 1436 of 2025). And In Re : Indal Kumar Yadav ... Petitioner. Mr. Moyukh Mukherjee, Mr. Manojit Debnath, Ms. Sagnika Banerjee, Ms. Sarmistha Basak ... For the Petitioner. Mr. Gouranga Kumar Das, APP, Mr. Amartya Mohan Bhattacharyya ... For the State. Mr. Satadru Lahiri, Mr. Safdar Azam ... For the de facto complainant. Learned advocate appearing for the petitioner submits that the petitioner is in custody for 1 year 4 months and similarly placed other accused persons have been granted bail. As such, petitioner prays for bail. Learned advocate appearing for the de facto complainant opposes the prayer for bail and draws the attention of the Court to the previous orders passed by this Court which reflect that the present petitioner is not similarly situated as there was recovery of firearms pursuant to the leading statement of the present petitioner. It has been further submitted that it was the present petitioner who had 2 dispute with brother of the de facto complainant and injured specifically stated that it is this petitioner along with others who fired. Learned advocate appearing for the State also opposes the prayer for bail and draws the attention of this Court to the statement of the injured as well as the other materials which are appearing. I have taken into account the deposition of the injured. Having regard to the same and the progress of the case that till date out of 40 witnesses, only 6 witnesses have been examined, I am inclined to release the petitioner on bail. As such, the prayer for bail of the petitioner is allowed. Accordingly, the petitioner viz., Indal Kumar Yadav shall be released on bail upon furnishing bond of Rs.20,000/-, with two sureties of Rs.10,000/- each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Barrackpore. If on bail, the petitioner shall be physically present on each and every date before the learned Trial Court and shall not leave the jurisdiction of the district of North 24-Parganas without prior permission of the learned Trial Court. Additionally, the petitioner shall not enter into the jurisdiction of Belghoria Police Station for a period of one year. The said condition would be either modified or waived by the learned Trial Court after expiry of the said time period. 3 Photostat copies of the ordersheets along with depositions submitted by the learned advocate appearing for the petitioner be kept with the record. Memo of Evidence submitted by the learned advocate appearing for the State be also kept with the record. The application for bail, being CRM (M) 1527 of 2026, is, thus, disposed of. All concerned 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 with all requisite formalities. (Tirthankar Ghosh, J.)