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2026 DAILYLAW 33165 (CAL)

SHIBAPRASAD MANDAL @ SHIBPRASAD MONDAL AND ANR. v. STATE OF WEST BENGAL

CRM (A)/969/2026 · 2026-08-07

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

07.08.2026 IN THE HIGH COURT AT CALCUTTA Item No.818 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc. partly allowed C.R.M. (A) 969 of 2026 In Re : An Application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Marishda Police Station Case No. 411 of 2025 dated 07.11.2025 under Sections 137(2)/140(3)/3(5) of the Bharatiya Nyaya Sanhita, 2023 (G.R. Case No. 2666 of 2025). And In Re : Shibaprasad Mandal @ Shibaprasad Mondal and another ... Petitioners. Mr. Avilash Tripathi, Mr. Anirban Ghosh, Mr. Anirban Mukherjee, Mr. Prakash Ranjan Dinda ... For the Petitioners. Mr. Priyankar Ganguly, Ms. Shalini Bairagi ... For the State. Learned advocate appearing for the petitioners submits that petitioners have been implicated in the present case as their son has been missing with a minor girl. Petitioners claim innocence and they extend support to cooperate with the police authorities. Learned advocate appearing for the State opposes the prayer for anticipatory bail and submits that till date, the minor has not been recovered. Learned advocate draws the attention of the Court to the statement of the parents which categorically states that family members assisted the principal accused to flee away with the minor. Having considered the materials appearing and till date the minor having not been recovered, I am of the opinion that custodial detention of the petitioner no.2 in 2 connection with the instant case is unwarranted. As such, the prayer for anticipatory bail of the petitioner no.2 is allowed. Accordingly, in the event of arrest, the petitioner no.2 viz., Behula Mandal @ Behula Mondal shall be released on bail to the satisfaction of 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. Since the investigation of the case is still in progress, the petitioner no.2 shall make herself available as and when called for by the Investigating Officer of the case. So far as the petitioner no.1 viz. Shibaprasad Mandal @ Shibaprasad Mondal is concerned, his prayer for anticipatory bail is rejected. The application for anticipatory bail, being CRM (A) 969 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.)