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2026 DAILYLAW 32482 (CAL)

SARIFUL MONDAL v. STATE OF WEST BENGAL

CRM (A)/1874/2026 · 2026-08-18

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

18.08.2026 IN THE HIGH COURT AT CALCUTTA Item No.17 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc. Allowed C.R.M. (A) 1874 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 Basirhat Police Station Case No. 436 of 2026 dated 02.06.2026 under Sections 143/149/323/435/427 of the Indian Penal Code, 1860 (G.R. Case No. 1356/2026). And In Re : Sariful Mondal ... Petitioner. Mr. Omar Faruk Gazi, Ms. Bidisha Das, Mr. Pratikur Rahaman ... For the Petitioner. Mr. Brajesh Jha, APP, Ms. Surabhi Banerjee ... For the State. Learned advocate appearing for the petitioner submits that petitioner has been foisted with the criminal case pursuant to change of administration. Learned advocate appearing for the State, on the other hand, opposes the prayer for anticipatory bail and produces the case diary. Having considered the materials appearing in the case diary, I am of the view that although the investigation of the case would continue, but custodial detention of the present petitioner in connection with the instant case is unwarranted. As such, the prayer for anticipatory bail of the petitioner is allowed. Accordingly, in the event of arrest, the petitioner viz., Sariful Mondal shall be released on bail to the satisfaction of 2 the Arresting Officer on such terms and conditions as he deems fit and proper 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 Bharatiya Nagarik Suraksha Sanhita, 2023. As the investigation of the case is still in progress, the petitioner, within a period of ten days from date, shall make himself available before the Investigating Officer of the case and thereafter, the Investigating Officer of the case, if required, would fix subsequent dates for presence of the petitioner for the sake of investigation. Memo of Evidence submitted by the learned advocate appearing for the State be kept with the record. The application for anticipatory bail, being CRM (A) 1874 of 2026, is, thus, disposed of. All concerned 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 with all requisite formalities. (Tirthankar Ghosh, J.)