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2026 DAILYLAW 35456 (CAL)

PETITIONER v. STATE OF WEST BENGAL AND ANR

CRM (A)/1779/2026 · 2026-08-14

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

14.08.2026 Court No.35. D/L. 23. Kausik (Allowed) CRM (A) 1779 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 in connection with Amdanga Police Station Case No. 481/2025 dated 19.06.2025 under Sections 126(2)/115(2)/61(2)/351(2)/3(5) of the BNS, 2023. And In the matter of : XXXX ……Petitioner. Mr. Biswajit Manna ……for the Petitioner. Mr. Bratin Kr. Dey Mr. Jaydeep Das ….for the Opposite Party No. 2. Mr. Somnath Adhikary ….for the State. Learned advocate appearing for the petitioner submits that there is a dispute amongst the relations for which the present case has been instituted. Learned advocate for the defacto complainant submits that the offences complained of are grievous. Learned advocate for the State has produced the case diary. I have taken into account the statement of the victim under Section 183 of the BNSS as well as the two injury reports 2 available in the case diary. On an assessment of the same, I find that there is a dispute amongst the relations over issues relating to the defacto complainant staying at the same premises. Be that as it may, the injury report and the description given over there reflects that there were accusations of punching, kicking and slapping. Having considered the same, I am of the opinion that the spirit of the other sexual offences are lacking obviously subject to interpretation by the learned Trial Court. However, custodial detention of the present petitioner is unwarranted. As such, prayer for anticipatory bail is allowed. As such, I direct that in the event of arrest, the petitioner be released on bail subject to the satisfaction of the investigating officer/arresting officer of the case and also subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and/or under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. As charge sheet has been submitted, this order of anticipatory bail will remain valid for a period of 6 weeks. Accordingly, CRM (A) 1779 of 2026 is allowed. 3 All parties shall act in terms of server copy of the order downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Tirthankar Ghosh, J.)