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2026 DAILYLAW 34581 (CAL)

KESANG LAMA v. THE STATE OF WEST BENGAL

CRM(A)/592/2026 · 2026-08-20

Arijit Banerjee

body2026

Judgment text

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20.08.2026 Item no. 04. Court No.11. S.De 1635 Calcutta High Court In the Circuit Bench at Jalpaiguri CRM (A) 592 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. And In the matter of : Kesang Lama. ……Petitioner. Mr. Sudip Guha, Mr. Sayantan Das, Ms. Ankita Nag ……for the Petitioner. Mr. Avrojyoti Das, Ld. APP Ms. Smita Mitra Sinha, Mr. Abhilash Mittal, ……for the State. Mr. Shiv Shankar Sharma, …for the de facto complainant. 1. The petitioner prays for anticipatory bail. The allegation is under Section 408 of the Indian Penal Code i.e. criminal breach of trust. 2. The petitioner says that he has not committed any crime. It is a Mgistrate triable offence. He may not be taken into custody for interrogation. He will co-operate fully with the Investigating Officer. 3. Learned advocates for the State and the de facto complainant strongly oppose the prayer. They tell me that the petitioner was the Manager of a company which has 26 stores. He has been working as such for the last five years. On 17 February this year, an audit was 2 supposed to be held. The petitioner absented himself from that date. A missing diary was lodged by his mother on the next date. The audit revealed huge financial irregularities in the accounts of the company. There is voluminous material pointing towards defalcation of funds by the petitioner. 4. In view of the aforesaid and in view of the conduct of the petitioner, I am not inclined to allow this application. 5. CRA (A) 592 of 2026 is dismissed. (Arijit Banerjee, J.)