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2026 DAILYLAW 35826 (CAL)

MAMATA SIL @ BOBY SHIL v. STATE OF WEST BENGAL

CRM (A)/2762/2026 · 2026-08-25

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

D/L66 25.08.2026 Bpg. Allowed C.R.M. (A) 2762 of 2026 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Naihati Police Station Case No.180 of 2026 dated 14.06.2026, later transferred and re-registered as Shibdaspur Police Station Case No.120 of 2026 dated 23.06.2026 under Sections 126(2)/115(2)/117(2)/108/3(5) of the Bharatiya Nyaya Sanhita, 2023; Mamata Sil @ Boby Shil Versus The State of West Bengal Mr. Soumyajit Das Mahapatra Mr. Supriyo Das Ms. Madhurai Sinha Ms. Upasana Banerjee Mr. Bisal Roy. …for the petitioner. Mr. Madan Mohan Roy Ms. Swagata Das. …for the State. Learned advocate appearing for the petitioner submits that the petitioner has been falsely implicated in connection with the instant case and the genesis of the case arose because of issue relating to the petitioner’s daughter being disturbed. Learned advocate for the State opposes the prayer for anticipatory bail and draws the attention of the Court to the postmortem report. The postmortem report does not reflect any injury having been inflicted and the opinion of the doctor reflects that death was due to effect of asphyxia and increased toxicity and harmful metabolic substances in body. 2 Having considered the same, I am of the view that although investigation may continue but custodial detention of the present petitioner is unwarranted. As such, the prayer for anticipatory bail of the petitioner is allowed. Accordingly, in the event of arrest, the petitioner, namely, Mamata Sil @ Boby Shil shall be released on bail to the satisfaction of the Arresting Officer and also be subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure corresponding to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. As the investigation of the case is in progress, the petitioner shall make herself available as and when called for by the investigating officer of the case for the sake of investigation. Thus, CRM(A) 2762 of 2026 is allowed. All parties shall act on the server copy of this order duly 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 of all requisite formalities. (Tirthankar Ghosh, J.)