UTPAL BANERJEE @ UTPAL BANDYOPADHYAYA v. STATE OF WEST BENGAL
CRM (A)/2081/2026 · 2026-08-19
Ajay Kumar Gupta
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 32225 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 32225 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
19.08.2026 Sl.No. 21 Ct. No. 39 D.Hira (Allowed) In The High Court At Calcutta Appellate Side
CRM (A) No. 2081 of 2026
In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Kankartala Police Station Case No. 69 of 2026 dated 12.06.2026 under Sections 341/323/325/307/447/506/34 of the Indian Penal Code,
1860. -And-
In the matter of : Utpal Banerjee @ Utpal Bandyopadhyaya. … petitioner
Mr. Kunal Ganguly. … for the petitioner
Mr. Uttam Basak. … for the State
1.
Learned counsel appearing for the petitioner prays for correction of the cause title.
2. Liberty is given to the petitioner to correct the cause title in course of the day.
3. Memo of evidence is taken on record.
4.
Learned counsel appearing for the petitioner submits that the petitioner is a part-time Assistant teacher and is pursuing a PhD degree. He is innocent and has been falsely implicated in this case on political rivalry after delay of 5 years 4 months.
2
5. It is further submitted that the anticipatory bail of the other co-accused persons has been granted by the Sessions Court. He is seeking the same privilege.
6.
Learned counsel appearing on behalf of the State produces the case diary as well as the memo of evidence and opposes the prayer for anticipatory bail.
7. Having heard the learned counsels for the respective parties and upon perusal of the case diary including the statement of the witness under section 164 of the Cr.P.C., this Court finds that Ld. Counsel for State has not been able to produce sufficient material against the Petitioner. Furthermore, there is no injury report although there was allegation of assault.
8. In view of the above facts, this Court finds that this is a fit case for granting anticipatory bail to the petitioner as there is no need for custodial interrogation/detention.
9. Accordingly, the prayer for anticipatory bail of the petitioner, namely, Utpal Banerjee @ Utpal Bandyopadhyaya is allowed.
10. In the event of arrest, the petitioner shall be released on bail to the satisfaction of the arresting officer on the terms and conditions as he deems fit and proper and also subject to the conditions as laid down under Section 438(2) of the Cr.P.C. corresponding to Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
3
11. In the event the petitioner fails to comply with any of the conditions mentioned above, the prosecution shall be at liberty to pray for cancellation of the anticipatory bail granted by this Court in accordance with law.
12. The application for anticipatory bail is, thus, allowed.
13. All parties shall act on the server copies of this order duly downloaded from the official website of this court.
14. Concerned Department is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities.
(Ajay Kumar Gupta, J. )