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2026 DAILYLAW 32085 (CAL)

SOMNATH DEY v. STATE OF WEST BENGAL

CRM (A)/2705/2026 · 2026-08-24

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

D/L581 24.08.2026 Bpg. Allowed C.R.M. (A) 2705 of 2026 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 438 of the Code of Criminal Procedure, 1973) filed in connection with Khardah Police Station Case No.344 of 2026 dated 26.06.2026 under Sections 3(5), 308(5), 351(3) and 61(2) of the Bharatiya Nyaya Sanhita, 2023; Somnath Dey Versus The State of West Bengal Mr. Arka Pratim Chowdhury Mr. Samrat Saha Ms. Aishwarya Roy Mr. Swattik Batabyal. …for the petitioner. Mr. Aniruddha Bhattacharya Mr. Arindam Banerjee. …for the State. Learned advocate appearing for the petitioner submits that the petitioner has been implicated in connection with the instant case pursuant to change in administration. Learned advocate for the State opposes the prayer for anticipatory bail submitting that the petitioner was the Chairman of Municipality who demanded a sum of Rs.5 lakhs out of which the informant paid a sum of Rs.2 lakhs. I have taken into account the accusation which is of the year 2025 including the payment having been made in the year 2 2025. Having considered the same, I am of the view that the investigation may continue but custodial detention of the present petitioner is unwarranted. Accordingly, the prayer for anticipatory bail of the petitioner is allowed. In the event of arrest, the petitioner, namely, Somnath Dey shall be released on bail to the satisfaction of the Arresting Officer and also be subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure corresponding to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. As the investigation of the case is in progress, the petitioner shall report to the investigating officer of the case within a period of 10 days from date and thereafter on all subsequent dates fixed by the investigating officer of the case for the sake of investigation. Thus, CRM(A)2705 of 2026 is allowed. Memo of Evidence submitted by the State be kept with the record. All parties shall act on the server copy of this order duly 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 of all requisite formalities. (Tirthankar Ghosh, J.) 3