Research › Search › Judgment

Calcutta High Court · body

2026 DAILYLAW 36214 (CAL)

SUSANTA GHOSH @ SUSHANTA GHOSH v. STATE OF WEST BENGAL

CRM (A)/2174/2026 · 2026-08-25

Partha Sarathi Chatterjee

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

25.08.2026 Court No.446 Item No.8 ssi CRM (A) 2174 of 2026 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita in connection with Memari Police Station Case No.417 dated 31.05.2026 under Sections 126 (2)/115 (2)/308(5)/351(2)/3(5) of the BNS 2023. And In the matter of: Susanta Ghosh @ Sushanta Ghosh …. Petitioner Mr. Subrata Bhattacharjya Mr. Indranuj Dutta …for the petitioner Mr. Krishnendu Bhattacharya, Ld. APP Mr. Prosenjit Ghosh ..for the State Mr. Bhattacharya, learned Advocate appearing on behalf of the petitioner, submits that there is a delay of almost ten months in lodging the F.I.R. He submits that the delay has not been explained and there is no explanation for such delay in the F.I.R. He submits that one of the accused persons is on bail. In such circumstances, according to him, the petitioner may be granted anticipatory bail. Mr. Ghosh, learned advocate appearing on behalf of the State produces memorandum of evidence and the case diary and opposes the prayer for anticipatory bail. Heard the learned advocate for the respective parties. Perused the C.D. and other materials on record. Indisputably, there is a delay of almost ten months in lodging the FIR, for which no explanation has been offered. One of the accused persons has already been granted bail, and the incident allegedly occurred in the presence of direct witnesses. Considering the aforesaid circumstances, I am of the view 2 that custodial interrogation of the petitioner is not necessary and that the petitioner is entitled to the benefit of Section 482 of the BNSS. In the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs. 10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned CJM, Purba Bardhaman, and shall 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 BNSS, 2023. The application for anticipatory bail is, thus, disposed of. Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible. (Partha Sarathi Chatterjee, J.)