Extracted from the PDF above. The PDF is authoritative.
14.08.2026 Item No. 80 Ct. No. 39 C.R.M.(A) 2021 of 2026 AN (PARTLY ALLOWED) In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Gangarampur Police Station Case No. 112 of 2026 dated 23.02.2026 under Sections 109 / 115(2) / 117(2) / 118(2) / 3(5) / 329(3) / 351(2) / 74 / 76 of the Bharatiya Nyaya Sanhita, 2023 corresponding to G.R. Case No. 253 of 2026 pending before the learned Additional Chief Judicial Magistrate, Gangarampur at Buniadpur, Dakshin Dinajpur. In the matter of : Subham Das & ors. … Petitioner. Ms. Sudeshna Maji Mr. Soumya Kanjilal …for the Petitioners. Mr. Aditya Ratan Tiwary …for the State. 1. Memo of evidence furnished by the P.S.I., Gangarampur Police Station, Dakshin Dinajpur dated 6th July, 2026 filed in Court today is taken on record. 2. Learned advocate appearing for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case although the petitioners’ side had made written complaint against them. The de facto complainant side had assaulted the Petitioner’s side who had suffered serious injuries. Learned advocate further submits that there is a long civil dispute between the family members. The other three co-accused persons have been granted anticipatory bail by the coordinate bench of this Court. He prays for anticipatory bail of the
2 petitioners on any terms and conditions on the parity ground. 3. Learned advocate representing the State opposes the prayer for anticipatory bail of the petitioners and submits that the victim had suffered serious injuries and has placed reliance on the injury report lying in the case diary. He raises objection contending that the present petitioners are not similarly placed as the other three co- accused persons, who were granted bail, were female. 4. The C.D. is produced. 5. Having heard the learned advocates for the respective parties and upon perusing the materials available in the case diary, it appears that petitioner no. 1 has played an active role in the offence alleged and assaulted the victim with an iron rod, who suffered injuries. He was hospitalised. 6. In such view of the matter, this Court is not inclined to grant anticipatory bail in favour of petitioner no. 1 and the prayer for anticipatory bail of petitioner no. 1 is thus rejected. 7.
Considering the facts and other material, there is no need for custodial interrogation of petitioner no. 2 and 3; as such, the prayer for anticipatory bail of the petitioner nos. 2 and 3 is considered and allowed on the following conditions. 3
8. Accordingly, in the event of arrest, the petitioner nos. 2 and 3 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 Criminal Procedure Code corresponding to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. 9. In the event, the petitioner nos. 2 and 3 fail to comply with the conditions as imposed by this Court, the prosecution shall be at liberty to pray for cancellation of the anticipatory bail granted by this Court in accordance with law. 10. C.R.M.(A) 2021 of 2026 stands disposed of. 11. All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court. 12. The Department is directed to supply urgent certified Photostat copy of this order to the parties, if applied for, upon compliance of all necessary formalities. (Ajay Kumar Gupta, J.)