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2026 DAILYLAW 34648 (CAL)

MILAN SUBBA v. THE STATE OF WEST BENGAL

CRM(A)/463/2026 · 2026-08-20

Arijit Banerjee

body2026

Judgment text

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20.08.2026 Item no. 02. Court No.11. S.De 1635 Calcutta High Court In the Circuit Bench at Jalpaiguri CRM (A) 463 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 : Milan Subba. ……Petitioner. Mr. Sayan De, Mr. Rimik Chakraborty, ……for the Petitioner. Mr. Avrojyoti Das, Ld. APP Mr. Bijay Bikram Das, Mr. Mayank Bhandari, ……for the State. Mr. Nilay Chakraborty, …for the de facto complainant. 1. A comprehensive report that was called for from the Investigating Officer has been filed before me today. It is clear from the report that the petitioner is not co- operating with the Investigating Officer. He has not supplied documents that were called for by the I.O. nor have answered the queries raised by the Investigating Officer. He says that he does not know such answers and does not have the documents called for by the Investigating Officer. 2. I am not so sure about the petitioner’s bona fides. The allegation against him is grave. He is only pretending to co-operate with the Investigating Officer. The Investigating Officer has indicated in the report that 2 custodial interrogation may be necessary in view of the non-co-operative conduct of the petitioner. 3. I am not inclined to allow this application. 4. CRA (A) 463 of 2026 is dismissed. 5. We clarify that the observations made by us in this order are only for the purpose of disposing of the application for suspension of sentence and the same shall have no relevance at the final hearing of the appeal. (Arijit Banerjee, J.)