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2026 DAILYLAW 34544 (CAL)

BISHU DHAR v. THE STATE OF WEST BENGAL

CRM(M)/257/2026 · 2026-08-19

Apurba Sinha Ray

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

12. 19-08-2026 IN THE HIGH COURT AT CALCUTTA (ct. no.09) Circuit Bench at Jalpaiguri debajyoti Criminal Miscellaneous Jurisdiction (allowed) CRM (M) 257 of 2026 In re: An application for bail under Section 439 of the Code of Criminal Procedure/483 of the Bharatiya Nagarik Suraksha Sanhita in connection with Dinhata Police Station Case No.421 of 2026 dated 12-06-2026 under Sections 406/420/384/120B of the Indian Penal Code and adding Section 409 of the Indian Penal Code. - A n d - In the matter of : Bishu Dhar .... Petitioner. Mr. Debasish Roy, Sr. Adv., Mr. Sudip Guha, Adv., Ms. Sayantani Das, Adv., Ms. Ankita Nag, Adv. … For the Petitioner. Mr. Avrojyoti Das, learned APP, Mr. Reshab Kumar, Adv., Mr. Supritam Nag, Adv. … For the State. 1. The learned Senior Counsel for the petitioner has submitted that the petitioner is in custody for about 54 days. He is aged about 71 years. One of the accused was already granted regular bail and so far as the five other accused persons are concerned, the Hon’ble Court directed the police authorities not to take any coercive steps against them. So far as the present petitioner is concerned, he was taken into police custody and, thereafter, one register was seized from his house. As the investigation is complete, he may be enlarged on bail on any terms and conditions. 2. The learned Additional Public Prosecutor has opposed the prayer for bail vehemently. According to him, the present petitioner is not standing on the same footing with the other accused persons who were granted some privilege. He has 2 drawn the attention of this Court to the fact that one register showing the collection of donations from general public was seized from his house on the leading statement of the present petitioner. The present petitioner is also named by several witnesses during their examination under Section 180 BNSS and they have clearly indicated how the petitioner along with others created pressure for collecting money from several persons as well as from several organizations. If the petitioner is enlarged on bail, the principal accused would claim parity. 3. I have gone through the materials on record. It appears that the investigation is almost complete in respect of the present petitioner. The relevant register showing the receipt of donations has already been seized. It also appears that investigation has progressed to a great extent. The record also shows that at the initial stage of apprehension of the petitioner, he was admitted in the hospital for medical treatment. Considering all aspects of the matter, I am inclined to allow the prayer of the petitioner for bail. 4. Accordingly, the petitioner is granted bail on the following conditions: a) The petitioner, namely, Bishu Dhar, shall be released on bail upon furnishing a bond of Rs.50,000/- (Rupees Fifty Thousand), with two sureties of Rs.25,000/- (Rupees Twenty Five Thousand) each, one of whom must be local, to the satisfaction of learned Additional Chief Judicial Magistrate, Dinhata. b) The petitioner shall appear before the learned trial Court on each and every date of hearing and/or as and when to be directed by the court. c) The petitioner shall not intimidate or threaten the witnesses and/or tamper with evidence in any manner 3 whatsoever and shall not commit any cognizable offence in any manner whatsoever. d) The petitioner shall not leave the jurisdiction of Kotwali Police Station, Jalpaiguri, except for the purpose of attending the court proceedings, until further orders, and shall meet the Inspector-in-Charge/Officer-in-Charge of Kotwali Police Station, Jalpaiguri, once in a week, until further orders. The petitioner shall inform his current local address under the jurisdiction of Kotwali Police Station, Jalpaiguri, to the Investigating Officer of this case. The petitioner shall fully cooperate with the Investigating Officer in the investigation of this case. e) The petitioner is allowed to use two mobile phones the information of which shall be given to the concerned Investigating Officer and further the concerned Investigating Officer, through Kotwali Police Station, Jalpaiguri, shall keep vigil upon the petitioner. Apart from the doctor, learned counsel and the close relative, nobody will be allowed to meet the petitioner. The Investigating Officer is given the authority to monitor the telephone calls of the petitioner. 5. In the event the petitioner fails to adhere to any of the conditions stipulated above, the trial Court shall be at liberty to cancel the bail in accordance with law. 6. The application for bail is, thus, allowed. 7. All parties shall act on the server copies of this order duly downloaded from the official website of this Court. 8. Criminal Section is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities. (Apurba Sinha Ray, J.)