BINONANDALAL SHEE AND ORS v. STATE OF WEST BENGAL AND ANR
CRM (A)/2019/2026 · 2026-08-21
Ajay Kumar Gupta
body2026
DailyLaw.ai
[ 2026 DAILYLAW 33059 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 33059 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
21.08.2026 Item No. 23 Ct. No. 39 C.R.M.(A) 2019 of 2026 AN (PARTLY ALLOWED) In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Debra Police Station Case No. 684 of 2024 dated 27.10.2024 under Sections 420 / 417 / 406 / 323 / 354 / 34 of the Indian Penal Code, 1860 corresponding to G.R. Case No. 2946 of 2024 now pending before the learned Additional Chief Judicial Magistrate, Paschim Medinipur. In the matter of : Binonandalal & ors. … Petitioners. Mr. Amitabha Ghosh …for the Petitioners. Mr. Debapratim Guha …for the State. 1. Learned advocate appearing for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. The petitioner no. 1 issued a cheque of Rs. 9 lacs in the year 2024. The said cheque bounced in 2024. However, no case was registered under Section 138 of the N.I. Act, rather the present criminal case has been lodged against petitioner no. 1 and other family members. He prays for anticipatory bail for the petitioners on any terms and conditions. 2. On the other hand, learned advocate representing the State produces the case diary, the memo of evidence and relies on the statement of the witnesses and opposes the prayer for anticipatory bail of the petitioners. 3. Having heard the learned advocates for the respective parties and upon perusing the materials available on record, the case diary including the statement of the witnesses recorded u/s 180 of BNSS, this Court finds that allegations leveled against one Abhirup Shee, another son of petitioner no. 1 is that he took Rs. 9 lacs from the de facto complainant to provide a job to her in the AIIMS Hospital and when he did not provide the job, his father issued a cheque of Rs. 9 lacs back to her which bounced when it was deposited. 4. As such, this Court is not inclined to grant anticipatory bail in favour of petitioner no. 1 and thus prayer for anticipatory bail for petitioner no. 1 stands rejected. Whereas, this Court does not find any material against petitioner nos. 2 and 3 as such, there is no necessity for their custodial interrogation/detention, hence, prayer for anticipatory bail of the petitioner nos. 2 and 3 is considered and allowed. 5. Accordingly, in the event of arrest, the petitioner nos.
2 and 3 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 Criminal Procedure Code corresponding to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. 2
6. In the event the petitioner nos. 2 and 3 fail to comply with the conditions as imposed by this Court, the prosecution shall be at liberty to pray for cancellation of the anticipatory bail granted by this Court in accordance with law. 7. C.R.M.(A) 2019 of 2026 stands disposed of. 8. All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court. 9. The concerned Department is directed to supply urgent certified Photostat copy of this order to the parties, if applied for, upon compliance of all necessary formalities. (Ajay Kumar Gupta, J.)
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