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2026 DAILYLAW 323 (CAL)

AKASH DAFADAR AND ANR. v. STATE OF WEST BENGAL

CRM (A)/321/2026 · 2026-02-10

Jay Sengupta

body2026

Judgment text

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10.02.2026 Court No.28 Item No. 67 tbsr Allowed CRM (A) 321 of 2026 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Tehatta P.S. Case No.732 of 2025 dated 19.09.2025 under Sections 109/118(2)/329(3)/351(3)/3(5) of the BNS, 2023. And In the matter of: Akash Dafadar & Anr. ….Petitioners. Mr. Asraf Mandal ….for the petitioners Mr. Partha Pratim Das Ms. Ankita Pal ….for the State Heard the learned counsels for the parties. Perused the case diary. The petitioner’s case is that there were injuries inflicted on both sides and there were case and counter case. The prosecution case is that there was a scuffle between neighbours. However, the injury report does not show infliction of any grievous injury. Considering the above, the other materials available in the case diary and the fact that charge sheet has been submitted, I do not think that custodial interrogation of the petitioners is required in this case and I am inclined to grant anticipatory bail to the petitioners. In the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting 2 Officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the BNSS, 2023 and on further condition that the petitioner shall surrender before the learned jurisdictional Court within four weeks from this date and pray for bail and shall attend the jurisdictional Court regularly and shall not threaten or intimidate witnesses. The application for anticipatory bail is, thus, allowed. Urgent photostat certified copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all formalities. (Jay Sengupta, J.)