Extracted from the PDF above. The PDF is authoritative.
25.08.2026 Court No.446 Item No.30 ssi CRM (A) 2329 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.461 dated 09.06.2026 under Sections 318 (4)/61 (2) of BNS 2023. And In the matter of: Tamal Kanti Roy …. Petitioner
Mr. Debapriya Samanta Mr. Samrat Ghosh Mr. Akash Kumar Chakraborty
…for the petitioner
Mr. Saheb Banerjee
..for the de facto Mr. Uttam Kr. Mondal Ms. Cassurina Chatterjee
…for the State
Mr. Samanta, learned Advocate appearing on behalf of the petitioner, submits that the petitioner has been falsely implicated in the present case. He submits that following a dispute between two brothers regarding the transfer of a property by their mother, the present case came to be registered. He submits that the present petitioner is a neighbour and had witnessed two deeds and, for this reason, the petitioner has been implicated in the present case. Learned advocate appearing on behalf of the State produces the C.D and memo of evidence and opposes the prayer for anticipatory bail. In the FIR, it was alleged that the mother of the de facto complainant, being the donor, was not physically and mentally fit to execute the deed in favour of accused no. 1. It was further alleged that the donor was an aged and seriously ill person and that, taking advantage of her physical and mental condition, accused no. 1 managed to obtain her signature on certain documents and subsequently converted those documents into deeds. 2
From the materials on record, it appears that a civil suit is also pending between the petitioner and accused no. 1 before the competent Court of law in relation to the execution of the two deeds and the properties which are the subject matter of the said deeds. Taking note of these aspects and considering the role allegedly played by the petitioner, I am of the view that custodial interrogation of the present petitioner is not necessary and that the privilege under Section 482 of the BNSS can be extended in favour of the petitioner.
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, and on the further condition that the petitioner shall co-operate with the investigation and shall not threaten or intimidate the witnesses. 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.)