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2026 DAILYLAW 33983 (CAL)

MAHABUD MONDAL AND ANR. v. STATE OF WEST BENGAL AND ANR

CRM (A)/2271/2026 · 2026-08-07

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

07.08.2026 Court No.35. D/L. 838. Kausik (Allowed) CRM (A) 2271 of 2026 In Re: An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure, 1973/Under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Chakdah Police Station Case No. 648 of 2026 dated 7th May, 2026 under Sections 329(4)/64/117(2)/351(3)/75/303(2)/3(5) of the BNS, 2023. And In the matter of : Mahabud Mondal & Anr. ……Petitioners. Mr. Shibaji Kr. Das Ms. Deblina De Ms. Moitriye Das ……for the Petitioners. Mr. Karan Dudhwewala ….for the State. Learned advocate appearing for the petitioner submits that petitioner no. 1 is aged 34 years and the defacto complainant is aged 29 years who had a relationship. Both of the petitioner no. 1 and the defacto complainant were involved in an extra marital affair. Defacto complainant alleges that certain obscene photographs were taken by dint of which there was continuous blackmailing at the behest of the present petitioner no. 1. Learned advocate for the State submits that in support of the case, a statement under Section 183 of the BNSS is available. 2 I have taken into account the materials appearing in the case diary, the age of the petitioner no. 1 and the defacto complainant and is of the opinion that the defacto complainant was able to understand the consequences of the act. Having regard to the same and there being hardly any issue relating to the custodial detention of the petitioner no. 2, I am of the opinion that petitioner nos. 1 and 2 be both released on anticipatory bail. As such, I direct that in the event of arrest, the petitioners namely, (1) Mahabud Mondal, (2) Hasina Mondal be released on bail subject to the satisfaction of the investigating officer/arresting officer of the case and also subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and/or under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. As the investigation of the case is in progress, petitioner no. 1, within a period of 10 days, will report to the Investigating Officer of the case and on all subsequent dates fixed by the Investigating Officer. So far as petitioner no. 2 is concerned, she would make herself available as and when required by the Investigating Officer of the case. With the aforesaid observations, CRM (A) 2271 of 2026 is allowed. Memo of Evidence submitted be kept with the record. 3 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.)