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2026 DAILYLAW 30971 (CAL)

DIPANKAR DUTTA v. THE STATE OF WEST BENGAL

CRM(A)/539/2026 · 2026-07-29

Shampa Sarkar

body2026

Judgment text

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29.07.2026 Item No.14 Court No.11 (GB) Calcutta High Court In the Circuit Bench at Jalpaiguri CRM (A) 539 of 2026 In Re: - An application for anticipatory bail under section 482 of the B.N.S.S. 2023, in connection with Kotwali Police Station Case No.199 of 2026 dated 05.05.2026 under Sections 109/115(2)/118(2)/126(2)/324(4) of the BNS 2023. And In the matter of: Dipankar Dutta ….Petitioner. Mr. Debasish Mukhopadhyay, Ms. Srishti Sarkar, Ms. Bipasha Mrug …for the Petitioner. Mr. Panchali Deb Sikder (Nag), Mr. Kallal Ghosh, Mr. Abhilash Mittal … for the State. 1. The petitioner prays for pre-arrest bail in connection with Kotwali Police Station Case No.199 of 2026 dated 05.05.2026 under Sections 109/115(2)/118(2)/126(2)/324(4) of the BNS 2023. 2. The petitioner is one of the accused persons who was allegedly present at the place of occurrence and who allegedly participated in the commission of offence. The incident occurred on the date of publication of the result of the assembly election. 3. Learned advocate for the petitioner contends that although his name appears in the FIR, no particular role has been ascribed to him in the commission of the alleged offence. 4. I find substance in such submission. 5. Learned advocate for the State opposes the prayer for grant of pre-arrest bail and submits that, even if no particular statement has been made in the complaint with regard to the overt act of the petitioner, he is a named 2 accused. Secondly, investigation is not complete. Custodial interrogation of the petitioner will be required to recover arms and other deadly weapons. 6. Considering the rival contentions of the parties and the materials on record, this court is of the view that the complaint before the police does not indicate that any particular role was played by the petitioner. It also appears that one Rajesh Lakra who is in the same footing as that of the petitioner was granted bail in CRM (A) 389 of 2026. 7. Accordingly, this Court directs that, in the event of arrest, the petitioner shall be released on bail upon furnishing a bod of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer and 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 B.N.S.S., 2023. The petitioner shall meet the investigating officer once a week and cooperate till conclusion of the investigation and shall not intimidate witnesses or tamper with evidence in any manner whatsoever. The petitioner shall also not leave the jurisdiction of the Kotwali Police Station. 8. In case the petitioners fail to adhere to any of the conditions stated above, the learned jurisdictional court shall be entitled to cancel the bail without further reference to this court. 9. The application for anticipatory bail is, thus, disposed of. 10. All the parties are directed to act on the basis of the server copy of this order. (Shampa Sarkar, J.)