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2026 DAILYLAW 30963 (CAL)

JHANTU DEBNATH AND ORS. v. STATE OF WEST BENGAL

CRM (A)/2092/2026 · 2026-07-27

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

27.07.2026 Court No.35. D/L.634. Rakib (Allowed) CRM (A) 2092 of 2026 In Re: An Application for Anticipatory Bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Nabadwip Police Station case no. 32 of 2026 dated 24.01.2026 under Sections 232/3(5) of the Indian Penal Code, 1860. And In the matter of : Jhantu Debnath & Ors. ……Petitioners. Mr. Sabir Ahmed Mr. Dhiman Banerjee Mr. Quazi Ezaz Ahmed Mr. Ayaan Bhattacharyya .....for the Petitioners. Ms. Arijit Bhusan Bagchi ……for the State. Learned advocate appearing for the petitioners submit that the petitioners have been falsely implicated in connection with the instant case because of previous issues with the complainant. Petitioners have no connection with the principal offence, yet they have been implicated in the instant case for threatening the complainant. Learned advocate appearing for the State has produced the Case Diary, opposed the prayer for anticipatory bail and referred to the relevant statements. I have taken into account the materials appearing in the Case Diary as also the fact that charge-sheet has already been submitted before the jurisdictional Court and the principal offender in the case under Section 103(1) of the BNS was arrested and thereafter granted bail. Having regard to the overall circumstances, I 2 am of the opinion that custodial detention at this stage may not be warranted for the present petitioners, as it has been submitted that the petitioners are no way implicated in the earlier case under Section 103(1) of the BNSS. Having regard to the same, the prayer for bail of the petitioners namely, Jhantu Debnath, Amar Debnath and Biswajit Debnath is allowed. As such, I direct that in the event of arrest, the petitioners shall furnish bonds subject to the satisfaction of the investigating officer/arresting officer of the case and also subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and/or under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Since, charge-sheet has been submitted, this order of anticipatory bail will remain in force for a period of six weeks from date. With the aforesaid observations, CRM (A) 2092 of 2026 is allowed. All parties shall act in terms of server copy of the order 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.)