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2026 DAILYLAW 33951 (CAL)

SUMON DAS v. STATE OF WEST BENGAL

CRM (A)/2452/2026 · 2026-08-20

Md Shabbar Rashidi

body2026

Judgment text

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20.08.2026 DL-15 Court No.551 [Bench ID-266058] (AD) (Allowed) In the High Court at Calcutta Criminal Miscellaneous Jurisdiction Appellate Side C.R.M. (A) 2452 of 2026 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Katwa Police Station Case No.411 of 2026 dated 08.06.2026 under Sections 329(4) /75 /79 /308(2) /324(4) /74/61(2) of the Bharatiya Nyaya Sanhita, 2023, pending before the Learned Additional Chief Judicial Magistrate, Katwa, Purba Bardhaman (G.R. Case No.1309/2026). And In the matter of: Sumon Das ….petitioner Mr. Aritra Bhattacharya, Advocate Mr. Sumon Dutta, Advocate …for the petitioner Mr. Pradip Banerjee, Advocate Mr. Kaustav Manna, Advocate … for the State 1. Memo of evidence filed in Court be taken on record. 2. It is submitted by the learned Advocate appearing for the petitioner that he was acting under the directions of Katwa Municipality in respect of a proceeding where an order of demolition of the house of the de facto complainant was passed. 3. Learned Advocate appearing for the petitioner also submits that there was an order of demolition passed by this Court in W.P. No.3223 (W) of 2019. The demolition work was being undertaken in pursuance of such order as well as at the instructions of the Municipality. The petitioner has been falsely implicated in the case in order to dissuading him from carrying out the order of demolition. He prays for anticipatory bail. 2 4. Learned Advocate appearing for the State relies upon various materials in the case diary. He refers to the statement of the de facto complainant recorded under Section 183 of the BNSS. 5. Having heard the learned Advocates appearing for the parties as well as on perusal of the materials in the case diary including the statement of the de facto complainant recorded under Section 183 of the BNSS, it apparently transpires that the petitioner was acting under the instructions of the Municipality in respect of an order for demolition passed by the Municipality. The order of demolition appears to have been passed in an Objection Case in connection with a proceeding under Section 218 of the West Bengal Municipality Act, 1993 in presence of the objectors, namely, Karuna Chatterjee and Anima Guha Chatterjee. 6. In consideration of the aforesaid facts and circumstances of the present case, I am inclined to grant anticipatory bail to the petitioner. 7. Accordingly, I direct that in the event of arrest, the petitioner shall be released on bail upon furnishing a Bond of Rs.10,000/- (Rupees Ten Thousand Only), with two sureties of like amount each, to the satisfaction of the Arresting Officer and subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and on condition that the petitioner will report before the Investigating Officer once in a month till 3 the conclusion of the investigation and on condition that the petitioner shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court. 8. The prayer for anticipatory bail of the petitioner is allowed. 9. C.R.M. (A) 2452 of 2026 is disposed of. (Md. Shabbar Rashidi, J.) ABHIJIT DAS Digitally signed by ABHIJIT DAS Date: 2026.08.20 18:55:14 +05'30'