Extracted from the PDF above. The PDF is authoritative.
31.07.2026 Item No.20 Court No.9 CHC (Allowed) Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Side
C.R.M.(M) 219 of 2026
In Re:- An application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023; in connection with Dinhata Police Station Case No.421 of 2026 dated 12.06.2026, under Sections 406/420/384/120B of the Indian Penal Code subsequently adding Section 409 of the Indian Penal Code. And
In the matter of : Jaydip Ghosh ...… petitioner
Mr. Debasish Roy, Advocate (V.C) Mr. Sudip Guha, Advocate Ms. Ankita Nag, Advocate
…for the petitioner
Mr. Avrojyoti Das, Ld. A.P.P. Mr. Kallol Ghosh, Advocate Mr. Abhilash Mittal, Advocate
…for the State
1. Bail prayer of the petitioner is taken up for consideration. 2. It is submitted by the learned advocate for the petitioner that the petitioner has been falsely implicated in this case due to political vendetta. Learned advocate for the petitioner further submits that the incident reported in the police case refers to the year 2021 whereas the First Information Report was registered in the year 2026 due to change in the political scenario. Learned advocate for the petitioner submits that the petitioner is in no way connected with the alleged incident of extorting money in
2 the name of hospital. Learned advocate for the petitioner also submits that the petitioner has been in custody for the last 46 days. The instant case has been initiated under Sections 406/420/384/120B of the Indian Penal Code. He pays for release of the petitioner on bail. 3. On the other hand, learned advocate for the State submits that the petitioner is very much involved in the incident of extorting money for the purpose of construction of Paediatric unit in the hospital. He refers to the statements of the witnesses recorded under Section 164 of the Code of Criminal Procedure. He also refers to various materials in the Case Diary. 4. It appears that a case was lodged with Dinhata Police Station on June 12, 2026. The First Information Report states that one Udayan Guha started extorting money on and from June 21, 2021. The said Udayan Guha as well as the present petitioner including some other persons started receiving money upon issuance of receipt and without receipt for the aforesaid purpose.
As per allegations made in the First Information Report, accused persons named in the First Information Report extorted huge amount of money though the written complaint states that a sum of Rs. 35,000/- was accumulated by the accused persons. 5. The petitioner was arrested in connection with the said case on June 14, 2026. He was produced before the Court
3 on June 15, 2026 and taken into police custody till June 23, 2026. Nothing was recovered from the possession of such petitioner during police custody. It also transpires from the materials on record that the case was initiated in the year 2026 without following the provisions of BNSS in respect of preliminary enquiry. 6. In the aforesaid facts and circumstances, considering the nature of allegations as well as taking into account that nothing was recovered from the possession of the petitioner, during his police custody, the petitioner may be enlarged on bail. 7. Consequently, prayer for bail of the petitioner is allowed. 8. Accordingly, I direct that the petitioner shall be released on bail upon furnishing a bond of Rs. 10,000/- (Rupees Ten Thousand only), with two sureties of like amount each, one of whom must be local to the satisfaction of the Learned Additional Chief Judicial Magistrate, Dinhata, subject to condition that the petitioner to meet the Investigating Officer once in a week until conclusion of the trial and shall appear before the trial court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever. 9. In the event, petitioner fails to appear before the trial court without any justifiable cause or violates any condition of the bail, the trial court shall be at liberty to
4 cancel the bail in accordance with law without further reference to this Court. 10. CRM(M) 219 of 2026 is disposed of. (Md. Shabbar Rashidi, J.)