SWAPAN KUMAR BISWAS AND ANR. v. STATE OF WEST BENGAL
CRM (A)/1944/2026 · 2026-08-14
Ajay Kumar Gupta
body2026
DailyLaw.ai
[ 2026 DAILYLAW 35790 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 35790 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
14.08.2026 Sl.No. 28 Ct. 39 Allowed Amalranjan In The High Court At Calcutta Criminal Miscellaneous Jurisdiction Appellate Side
CRM (A) No. 1944 of 2026
In Re: An application for Anticipatory Bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023/under Section 438 of the Code of Criminal Procedure, 1973 filed in connection with Santipur Police Station Case No. 339 of 2020 dated 08.08.2020 under Sections 448/323/325/436/427/506/34 of the Indian Penal Code corresponding to GR Case no. 1105 of 2020. -And-
In the matter of : Swapan Kumar Biswas & Anr. … Petitioners Ms. Minoti Gomes ….for the petitioners Mr. Bhaskar Seth Mr. Saswata Chatterjee ……..for the State
1. It is submitted by learned counsel appearing on behalf of the petitioners that the petitioners are innocent. They are actually migrant workers. They seek anticipatory bail on the ground of parity with the other two accused persons’ whose anticipatory bail was granted by the then Division Bench of this Court. The case of the petitioners is similarly situated. Their prayer for anticipatory bail may be allowed in any terms and conditions. 2. Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. 3. Having heard the learned counsels for the respective parties and on perusal of the case diary produced by the
2 State as well as the order of the then Hon’ble Division Bench of this Court, this Court is of the opinion that the case of the petitioners is similarly situated with the other accused persons, who are on anticipatory bail. Therefore, there is no need for custodial interrogation/detention. 4. Accordingly, the prayer for anticipatory bail of the petitioners, namely, Swapan Kumar Biswas and Mridul Kanti Joyadar is allowed. 5. In the event of arrest, the petitioners 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 petitioners fail to comply with any of 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. 7. The application for anticipatory bail is, thus, disposed of. 8.
Memo of evidence filed in court today be kept with the record. 9. All parties shall act on the server copies of this order duly downloaded from the official website of this court. 3
10. 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. )