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2026 DAILYLAW 35635 (CAL)

SUBRATA DUTTA AND ORS. v. STATE OF WEST BENGAL

CRM (A)/2494/2026 · 2026-08-24

Md Shabbar Rashidi

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

24.08.2026 Item No.DL19 Court No. 551 PRADIP, AR(Ct.) (allowed) IN THE HIGH COURT AT CALCUTTA CRIMINAL MISCELLANEOUS JURISDICTION APPELLATE SIDE CRM (A) 2494 of 2026 In Re : An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with G.R. Case no. 1792/2026 arising out of Debra Police Station case no.0311 dated 11.06.2026 under Sections 318(4)/316(2)/351(2)/308(2) and 3(5) pending before the learned Chief Judicial Magistrate, Paschim Medinipur. -AND- In Re : Subrata Dutta & Ors. ……Petitioners For the Petitioners: Mr. Sankar Nath Mukherjee Mr. Niraj Gupta Ms. Anusree Sarkar …..Advocates For the State : Mr. Lokesh Sharma Mr. Rishav Kumar Thakur …..Advocates 1. Learned advocate for the petitioners submits that the de facto complainant obtained huge amount of loan from the present petitioners and others. In lieu thereof the de facto complainant had given some post dated cheque, one of such cheques was dishonoured and a proceeding under Section 138 of the Negotiable Instrument Act has been initiated. 2. Learned advocate for the petitioner also submits that the instant case has been filed by the de facto complainant Page 2 implicating the petitioners with a view to put pressure upon the petitioners towards repayment of the loan amount. 3. Learned advocate for the petitioners also submits that one of the co-accused persons has been granted bail by the jurisdictional court and three others were granted anticipatory bail. 4. On the other hand, learned advocate for the state relies upon the materials in the case diary and submits that the petitioners have extorted huge amount of money from the de facto complainant. 5. Having heard the submissions made on behalf of the petitioners and the state and on perusal of the materials in the case diary, it appears that, the instant case has cropped up over an issue of a loan advanced by the petitioners to the de facto complainant. A separate proceeding under Section 138 of the Negotiable Instrument Act is also pending. 6. The alleged loan was advanced by the petitioners in the year 2020. It also transpires that one of the accused surrendered before the learned jurisdictional court and he was granted bail with an observation that detention of the accused was not necessary. Other three accused persons have been granted anticipatory bail by the jurisdictional court. 7. It appears from the materials in the case diary that the instant case has cropped up over a civil dispute in between the parties. 8. Under such circumstances, the prayer of the petitioners for granting anticipatory bail is allowed. Page 3 9. Accordingly, I direct that in the event of arrest, the petitioners shall be released on bail upon furnishing a Bond of Rs. 10,000/- (Rupees ten thousand only) each, with two sureties of like amount each, to the satisfaction of the Arresting Officer and subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and on condition that the petitioners will report before the Investigation Officer once in a fortnight till the conclusion of the investigation and on condition that the petitioners 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 petitioners in Court including cancelling the anticipatory bail granted without reference to this Court. 10. Accordingly, C.R.M. (A) 2494 of 2026 is disposed of. (Md. Shabbar Rashidi J.)