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2026 DAILYLAW 31884 (CAL)

TUTUL CHOWDHURY v. STATE OF WEST BENGAL

CRM (A)/1539/2026 · 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.15. Rakib (Allowed) CRM (A) 1539 of 2026 With CRAN 1 of 2026 In Re: An Application for Anticipatory Bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Barasat Police Station case no. 171 of 2026 dated 06.05.2026 under Sections 303(2)/318(4)/316(2) of the Bharatiya Nyaya Sanhita, 2023. And In the matter of : Tutul Chowdhury. ……Petitioner. Mr. Sandipan Ganguly, Sr. Adv, Mr. Ranadeb Sengupta Mr. Akash Ganguly Mr. Satyam Mukherjee Mr. Khalid Ali Mr. Abhishek Mukherjee Mr. Amaan Deep Gupta .....for the Petitioner. Mr. Bikash Ranjan Bhattacharya, Sr. Adv, Mr. Sabir Ahmed Mr. Sumitava Chakraborty Ms. Bratati Pramanick ......for the De-facto complainant. Mr. Kallol Mondal, Ld. PP Mr. Aditya Tiwari Mr. Kaustav Lal Mukherjee ……for the State. Learned senior advocate appearing for the petitioner submits that the sections for which the case has been registered are all offences below seven years. Search and seizure so far as the machineries are concerned, the same has been completed and the de-facto complainant has also taken out an application before the jurisdictional Court for return of the said machineries. 2 Learned senior advocate appearing for the de-facto complainant opposes the prayer advanced by the petitioner and submits that certain files which contained the design are still not available and there is every possibility of the same being misused by the accused persons. The original deeds are also not available. Learned advocate appearing for the State opposes the prayer for anticipatory bail and produces the Case Diary. I have taken into account the nature of the proceedings which is being investigated as well as the stage of the proceedings. Having regard to the same, I am of the opinion that custodial detention of the petitioner may not be warranted in the facts of the case. Accordingly, the prayer for anticipatory bail of the petitioner namely, Tutul Chowdhury is allowed. As such, I direct that in the event of arrest, the petitioner shall furnish bond 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 still in progress, petitioner shall make himself available before the investigating officer of the case within a period of 10 days from date and on all subsequent dates fixed by the investigating officer for the sake of investigation of the case. With the aforesaid observations, CRM (A) 1539 of 2026 is allowed. 3 Pending application (s), if any, is consequently disposed of. Memo of evidence submitted by the State be kept with the record. 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.)