17.08.2026 Serial no. 19 Court no.551 (MKP) CRM (A) 2402 of 2026 In re : An Application under Section 482 of the BNSS, 2023/under Section 438 of the Cr.P.C. in connection with Dasnagar PS Case No. 120 of 2026 dated 02.06.2026 u/s 105/351(2) of the BNS 2023. -And- In the matter of : Totan Mondal @ Toton Mondal … Petitioner Mr. Subhasis Pachhal, Mr. Protim Chakraborty. … for the petitioner Mr. Siddhartha Paul.(V/C) ………….for the Defacto complainant. Mr. Debajyoti Adhikary, Ld.APP. Mr. Mukesh Kumar Gupta. … for the State-respondent(s) 1. Learned advocate for the petitioner submits that the petitioner happens to be the owner of the premises. Repairing work was being executed by the victim. The victim met an accident. He fell down and sustained injuries. He ultimately succumbed to such injuries. Learned advocate submits that the petitioner has not been attributed with any overt act due to which the incident took place. There was no criminal intention 2 on the part of the petitioner. He prays for anticipatory bail. 2. Learned Additional Public Prosecutor opposes the prayer for the anticipatory bail. He relies upon the statements of the witnesses recorded under Section 180 of the BNSS. 3. Learned advocate appearing for the defacto complainant submits that the petitioner has been intimating the complainant for withdrawal of the criminal case. He opposes the prayer of the anticipatory bail. 4. Having heard the submissions made on behalf of the parties and on perusal of the materials in the case diary, it transpires that as per the case made out by the prosecution, the victim sustained injuries by falling, while he was doing repairing work in the building belonging to the present petitioner. Subsequently, the victim died in course of treatment. 5. The statement of the witnesses recorded under Section 180 of the BNSS as well as Section 183 of the BNSS, goes to show that the victim slipped from the asbestos while doing repairing work in the building allegedly belonging to the present petitioner. He sustained injuries and ultimately died in course of treatment. 3 6. In such circumstances, considering the nature of allegations as well as the materials in the case diary, this Court is inclined to grant anticipatory bail to the petitioner. Accordingly, prayer of the anticipatory bail of the petitioner is allowed. 7. 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), to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973, corresponding to Section 482(2) of the BNSS and on further condition that petitioner shall meet the Investigating Officer once in a fortnight till the conclusion of investigation 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. 8. Hence, the prayer for anticipatory bail of the petitioner is Allowed. 9. CRM (A) 2402 of 2026 is disposed of. 4 10. Parties to act on a server copy of this order duly collected from the official website of the Hon’ble High Court, Calcutta. 11. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities. (Md.Shabbar Rashidi. J)