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2026 DAILYLAW 34349 (CAL)

SUSHANTA @ SUSANTA MAJHI v. THE STATE OF WEST BENGAL

CRM (A)/2438/2026 · 2026-08-18

Md Shabbar Rashidi

body2026

Judgment text

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18.08.2026 DL-29 Court No.551 [Bench ID-266058] (AD) (Allowed) In the High Court at Calcutta Criminal Miscellaneous Jurisdiction Appellate Side C.R.M. (A) 2438 of 2026 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Haringhata Police Station Case No.184 of 2026 dated 30.03.2026 under Sections 126(2)/117(2)/118(2)/109(1)/351(2)/3(5) of the Bhartiya Nyaya Sanhita, 2023 corresponding to Serial No.C-973 of 2026 presently pending in the Court of the Learned Additional Chief Judicial Magistrate, Kalyani, District-Nadia. And In the matter of: Sushanta @ Susanta Majhi ….petitioner Mr. Shibaji Kumar Das, Advocate Ms. Deblina De, Advocate …for the petitioner Mr. Gurudas Mitra, Advocate Mr. Utsav Dutta, Advocate … for the State. 1. Learned Advocate appearing for the petitioner submits that no specific overact has been attributed to the petitioner. The person against whom the allegation of assault was made was arrested in connection with the case and was subsequently granted bail by the learned jurisdictional Court. He prays for anticipatory bail. 2. Learned Advocate appearing for the State relies upon various materials in the case diary including the statements of the witnesses and the injury reports. He opposes the prayer for anticipatory bail. 3. Upon hearing the learned Advocates for the parties and on perusal of the materials in the case diary, it appears that the allegation that the victim while she was working in 2 fields was abused by the present petitioner and the other accused persons. On raising objection, the victim was assaulted by the petitioner and another accused person. According to the case made out in the First Information Report, it was Dipak Majhi who was mainly attributed to the assault. The said Dipak Majhi has been enlarged on bail from the jurisdictional Court. 4. I have also gone through the injury reports contained in the case diary. None of such injury reports the injuries found on the person of the victim has been classified as “grievous”. Investigation of the case has already concluded. 5. In such circumstances, I am inclined to grant anticipatory bail to the petitioner. 6. 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 also subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 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. 3 7. The prayer for anticipatory bail of the petitioner is allowed. 8. C.R.M. (A) 2438 of 2026 is disposed of. (Md. Shabbar Rashidi, J.) ABHIJIT DAS Digitally signed by ABHIJIT DAS Date: 2026.08.18 17:55:28 +05'30'