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2026 DAILYLAW 35230 (CAL)

KAJAL DAS v. STATE OF WEST BENGAL

CRM (A)/1912/2026 · 2026-08-14

Ajay Kumar Gupta

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

14.08.2026 Sl.No. 7 Ct. 39 Allowed Amalranjan In The High Court At Calcutta Criminal Miscellaneous Jurisdiction Appellate Side CRM (A) No. 1912 of 2026 In Re: An application for Anticipatory Bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Harwood Point Coastal Police Station Case No. 245 of 2024 dated 15.07.2024 under Sections 126(2)/115(2)/117(2)/118(1)/109/351(3) of the Bharatiya Nyaya Sanhita, 2023 corresponding to GR Case no. 1492 of 2024. -And- In the matter of : Kajal Das … Petitioner Mr. Partha Sarathi Mondal ….for the petitioner Mr. Rajesh Kr. Shah ……..for the State 1. It is submitted by learned counsel appearing on behalf of the petitioner that the petitioner is innocent. Most of the time, the petitioner stays away from his residence for his work. The de facto complainant always disturbed his wife when she stayed alone. Due to such continuous disturbance, an altercation had taken place; as such, his prayer for anticipatory bail may be allowed on any terms and conditions. 2. Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail and produces the case diary and further has placed reliance of the statement and injury report of the victim. 2 3. Having heard the learned counsels for the respective parties and on perusal of the case diary produced, including the statement recorded under Section 180 of the BNSS and injury report, this court is of the opinion that considering the facts and nature of the injury report, this is a fit case for granting anticipatory bail to the petitioner as there is no need for custodial interrogation/detention. 4. Accordingly, the prayer for anticipatory bail of the petitioner, namely, Kajal Das is allowed. 5. In the event of arrest, the petitioner shall be released on bail to the satisfaction of the arresting officer on the terms and conditions as he deems fit and proper and also subject to the conditions as laid down under Section 438(2) of the Cr.P.C. corresponding to Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. 6. In the event the petitioner fails to comply with any of the conditions mentioned above, the prosecution shall be at liberty to pray for cancellation of the anticipatory bail granted by this Court in accordance with law. 7. The application for anticipatory bail is, thus, disposed of. 8. All parties shall act on the server copies of this order duly downloaded from the official website of this court. 3 9. Concerned Department is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities. ( Ajay Kumar Gupta, J. )