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2026 DAILYLAW 32292 (CAL)

SK ABHISHEK @ SK AVISEKH v. STATE OF WEST BENGAL

CRM (A)/2061/2026 · 2026-08-18

Ajay Kumar Gupta

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

18.08.2026 Court No.39 DL/Item No.– 29 ALLOWED [Milan] In the High Court at Calcutta Criminal Miscellaneous Jurisdiction Appellate Side CRM (A) 2061 of 2026 In Re: An application for Anticipatory Bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023; filed in connection with Duttapukur Police Station Case No. 814 of 2025 dated 07.11.2005 under Sections 318(4)/316(2)/61(2) of the Bharatiya Nyaya Sanhita, 2023 corresponding to GR no. 3915 of 2025. -And- In the matter of: SK ABHISHEK @ SK AVISEKH Mr. Arani Bhattacharyya, Mr. Sayantan Chatterjee, Mr. Saikat Sikder ….for the Petitioner Mr. Prantik Sarkar ….for the State 1. It is submitted by learned counsel appearing on behalf of the petitioner that the dispute between the accused person and the de facto complainant is with regard to the lease property, which is a purely civil dispute. 2. It is further submitted that there is a civil suit pending before the Civil Court. Another co-accused, father of the petitioner has been granted bail by the Trial Court. He prays for anticipatory bail on any terms and conditions. 3. Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail and further submits that the principal accused is the father of the petitioner, who 2 has admitted and assured to return the articles taken by him. 4. Having heard the submission and on perusal of the case diary, it appears that the principal accused person has given the statement that he will return the articles taken from the leased property. Co-accused statement given during custody is inadmissible in law. Furthermore, this Court finds shaky evidence against the present accused. 5. In view of the above facts and circumstances, this Court is of the opinion that this is a fit case for granting anticipatory bail to the petitioner, as there is no need for custodial interrogation/detention. 6. Accordingly, the prayer for anticipatory bail of the petitioner, namely, SK ABHISHEK @ SK AVISEKH is allowed. 7. 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 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 8. 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. 9. The application being CRM (A) 2061 of 2026 for anticipatory bail is, thus, disposed of. 3 10. All parties shall act on the server copies of this order duly downloaded from the official website of this court. 11. 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.)