Research › Search › Judgment

Calcutta High Court · body

2026 DAILYLAW 31780 (CAL)

JOGESH CHANDRA MAHATO @ JOGESH MAHATO AND ORS. v. STATE OF WEST BENGAL

CRM (A)/1636/2026 · 2026-07-31

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

31.07.2026 Court No.35. D/L. 40. Kausik (Allowed) CRM (A) 1636 of 2026 In Re: An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure, 1973/Under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Tapan Police Station Case No. 198 of 2026 dated 27.04.2026 under Sections 126(2)/336(2)/105/3(5) of BNS, 2023. And In the matter of : Jogesh Chandra Mahato @ Jogesh Mahato & Ors. ……Petitioners. Mr. Apan Saha Mr. Musharraf Alam Sk Mr. Sk. Sarfaraj Nawaj Mr. Tasnim Ahmed ……for the Petitioners. Mr. Rajesh Kr. Shah ……for the State. Learned advocate for the petitioner submits that there was a civil case pending inter se the parties and subsequently the present criminal case has been instituted after the father of the defacto complainant died of natural causes. Learned advocate for the State refers to the statement of the witnesses who have corroborated the letter of complainant. I have taken into account the facts of the case particularly the date of the alleged incident which was on 20th February, 2026 and the father of the complainant expired on 11.03.2026. 2 Having regard to the background of the facts of the case and there being no criminal antecedents of the present petitioners, I am inclined to extend the benefit of the anticipatory bail. As such, prayer for anticipatory bail of the petitioners is allowed. As such, I direct that in the event of arrest, the petitioners, namely (1) Jogesh Chandra Mahato @ Jogesh Mahato, (2) Dinesh Mahato, (3) Nagen Mahato be released on bail 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. As the investigation of the case is in progress petitioners shall within a period of 10 days meet with the Investigating Officer of the case and thereafter make themselves available as and when called for by the Investigating Officer. With the aforesaid observations CRM (A) 1636 of 2026 is allowed. Pending application(s), if any, is consequently disposed of. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. 3 Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Tirthankar Ghosh, J.)