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2026 DAILYLAW 33465 (CAL)

ANITA BISWAS v. STATE OF WEST BENGAL

CRM (A)/2384/2026 · 2026-08-06

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

06.08.2026 Court No.35. D/L.304. Rakib (Allowed) CRM (A) 2384 of 2026 In Re: An Application for Anticipatory Bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Baguiati Police Station case no. 439 of 2026 dated 10.07.2026 under Sections 126(2) / 115(2) / 118(2) / 109 / 351(2) / 61(2)/ 308(2) / 308(3) / 308(4) /308(6) /3(5) of the Bharatiya Nyaya Sanhita, 2023. And In the matter of : Anita Biswas ……Petitioner. Mr. Sourav Chatterjee, Sr. Adv, Mr. Amarnath Das Mr. Sourav Mondal Mr. Arijit Bhuiya Mr. Rony Mondal Mr. D. Sil .....for the Petitioner. Mr. Soumak Bera Mr. Aditya Ratan Tiwary ……for the State. Learned senior advocate appearing for the petitioner submits that petitioner has been foisted with the present criminal case because of other reasons. There is no substance in the accusations neither there are any materials to substantiate. There were earlier criminal cases inter se the parties and the present case has been initiated with an object of wrecking vengeance. Petitioner was never an accused in those cases which are pending. Learned advocate appearing for the State has produced the Case Diary. The injury report do not reflect any bleeding injuries. So far as the other issues are concerned, I am of the opinion that 2 investigation may continue but custodial detention of the present petitioner is unwarranted. Accordingly, the prayer for anticipatory bail of the petitioner namely, Anita Biswas is allowed. As such, in the event of arrest, the petitioner shall be released on bail to the satisfaction of the Arresting Officer on such terms and conditions as he deems fit and proper 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 shall make herself available as and when required by the investigating officer for the sake of investigation. With the aforesaid observations, CRM (A) 2384 of 2026 is allowed. Memo of evidence submitted by the State be kept with the record. All parties shall act in terms of server copy of the order 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.)