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2026 DAILYLAW 33767 (CAL)

ESMAIL MONDAL @ ECHMAIL AND ORS. v. STATE OF WEST BENGAL

CRM (A)/2643/2026 · 2026-08-20

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

D/L579 20.08.2026 Bpg. Allowed C.R.M. (A) 2643 of 2026 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Bongaon Police Station Case No.393 of 2026 dated 15.05.2026 under Section 103(1) of the Bharatiya Nyaya Sanhita, 2023; Esmail Mondal alias Echmail & Ors. Versus The State of West Bengal Mr. Angshuman Chakraborty Mr. S.S. Saha. …for the petitioners. Mr. Pinaki Bhattacharyya Mr. Amartya Mohan Bhattacharyya. …for the State. Petitioners have been implicated in the present case with the accusation under Section 103(1) of the BNSS. Learned advocate for the petitioners submits that the victim died because of electrocution. In spite of the same, the petitioners have been implicated in the present case. Learned advocate for the State has produced the case diary. I have taken into account the post-mortem report which substantiates the contention of the petitioners that death was due to electrocution. Having considered the same, I am of the opinion that custodial detention of the present petitioners are unwarranted. As 2 such, the prayer for anticipatory bail of the petitioners is allowed. Accordingly, in the event of arrest, the petitioners, namely, Esmail Mondal alias Echmail, Papiya Bibi alias Papia Bibi, Sharuk Mondal alias Esrafil Mondal and Rakibul Mondal alias Md. Rakibul Mondal 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. As the investigation of the case is in progress, the petitioner nos.1, 3 and 4 shall report to the investigating officer of the case within a period of 10 days from date and thereafter on all subsequent dates fixed by the investigating officer of the case for the sake of investigation. So far as the petitioner no.2 is concerned, she herself available as when required by the investigating officer of the case. Thus, CRM(A)2643 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 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.) 3