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2026 DAILYLAW 33225 (CAL)

EMRAJ AHAMMAD AND ORS. v. STATE OF WEST BENGAL

CRM (A)/789/2026 · 2026-08-13

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

D/L1295 13.08.2026 Bpg. Allowed C.R.M. (A) 789 of 2026 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Haringhata Police Station Case No.857 of 2025 dated 28.12.2025 under Sections 316(1)/3(5) of the Bharatiya Nyaya Sanhita, 2023; Emraj Ahammad & Ors. Versus The State of West Bengal Mr. Manish Patra Mr. Anish Das. …for the petitioners. Mr. Gouranga Kumar Das Mr. Sunil Gupta. …for the State. Mr. Gouranga Kumar Das, learned Additional Public Prosecutor along with Mr. Sunil Gupta, learned advocate, appear on behalf of the State. Their appearance may be regularized by the concerned authorities. Learned advocate appearing for the petitioners submits that the petitioners entered into a business transaction and have been foisted with the present criminal case. Learned Additional Public Prosecutor appearing for the State opposes the prayer for anticipatory bail and submits that a sum of Rs.20 lakh was transmitted by RTGS and in spite of receiving the amount the red chilly powder which was supposed to 2 be supplied has not been supplied to the de facto complainant, subsequent to which several meetings were held but the commitment failed. It has also been informed that complaints were also sent to the National Cyber Crime Portal from where the accounts were frozen. Be that as it may, the basic case is of payment of money and also supply of goods. The trappings are of breach of agreement and/or subsequent failure of commitment. Having considered the same, I am of the view that custodial detention of the present petitioners are unwarranted. As such, the prayer for anticipatory bail of the petitioners is allowed. Accordingly, in the event of arrest, the petitioners, namely, Emraj Ahammad, Md. Iqbal Ahmed and Md. Irfan Ahmed shall be released on bail to the satisfaction of the Arresting Officer and also be subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure corresponding to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. It is further directed that the petitioners shall within a period of 10 days report to the investigating officer of the case and thereafter on all subsequent dates fixed by the investigating officer of the case. With the aforesaid observations, CRM(A) 789 of 2026 is allowed. Memo of Evidence submitted by the State be kept with the record. All parties shall act on the server copy of this order duly 3 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 of all requisite formalities. (Tirthankar Ghosh, J.)