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2026 DAILYLAW 35807 (CAL)

KALI DEBNATH v. STATE OF WEST BENGAL AND ANR

CRM (A)/1809/2026 · 2026-08-14

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

14.08.2026 IN THE HIGH COURT AT CALCUTTA Item No.39 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc. Allowed C.R.M. (A) 1809 of 2026 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. 375 of 2025 dated 06.06.2025 under Sections 329(4)/74/64(1)/62/ 115(2)/324(4)/351(2)/303(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023 (G.R. Case No. 751/2025). And In Re : Kali Debnath ... Petitioner. Mr. Kaushik Choudhury ... For the Petitioner. Ms. Koel Mukherjee ... For the State. Mr. Raja Biswas, Mr. Abhijit Sarkar ... For the de facto complainant. Learned advocate appearing for the petitioner submits that petitioner is innocent and has been falsely implicated in the instant case. Learned advocate appearing for the State opposes the prayer for anticipatory bail and draws the attention of the Court to the statement of the victim recorded under Section 183 of BNSS. Learned advocate appearing for the de facto complainant opposes the prayer for anticipatory bail and submits that petitioner is the principal accused. I have taken into account the materials appearing in the case diary particularly the accusations of the victim in a statement before the learned Judicial Magistrate. Having considered the same, I am of the opinion that on stringent 2 condition petitioner may be granted anticipatory bail. As such, the prayer for anticipatory bail of the petitioner is allowed. Accordingly, in the event of arrest, the petitioner viz., Kali Debnath shall be released on bail to the satisfaction of the Arresting Officer on such terms and conditions as he deems fit and proper and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. As the charge-sheet has already been submitted before the jurisdictional court, this order of anticipatory bail will remain in force for a period of six weeks from date. It is further clarified that henceforth after 72 hours, petitioner shall reside outside the jurisdiction of Gangarampur Police Station and shall enter the jurisdiction only for the purposes of attending the police station/court. In case there is violation of condition, the liberty granted to the petitioner shall be deemed to be cancelled. Memo of Evidence submitted by the learned advocate appearing for the State be kept with the record. The application for anticipatory bail, being CRM (A) 1809 of 2026, is, thus, disposed of. All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court. 3 Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Tirthankar Ghosh, J.)