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2026 DAILYLAW 36899 (CAL)

NANDLAL YADAV v. STATE OF WEST BENGAL

CRM (A)/2792/2026 · 2026-08-28

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

28.08.2026 Court No.35. D/L.66. Rakib (Allowed) CRM (A) 2792 of 2026 In Re: An Application for Anticipatory Bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Sankrail Police Station case no. 529 of 2026 dated 16.07.2026 under Sections 319(2)/318(4)/338/339/126(2)/115(2)/351(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023. And In the matter of : Nandlal Yadav. ……Petitioner. Mr. Milon Mukherjee, Sr. Adv, Mr. Smartajit Sarkar ......for the Petitioner. Mr. S. Mukherjee Ms. S. Poddar ……for the State. Learned senior advocate appearing for the petitioner submits that there was a dispute amongst the brothers as also the Directors of the company and the petitioner has been foisted with the criminal case. Learned advocate appearing for the State on the other hand opposes the claim of the petitioner and submits that petitioner resigned from the company in the year 2005, however, he has entered into an agreement for sale on behalf of the company very recently. Having considered the facts that there is dispute amongst the relations as also the Directors of the company. Prima facie, I find that this is not a fit case for custodial detention of an accused/petitioner, although, a case for investigation may have been made out. Having regard to the same, I am of the view that the prayer for anticipatory bail of the petitioner namely, Nandlal Yadav is allowed. 2 As such, in the event of arrest, the petitioner shall be released on bail to the satisfaction of the Arresting Officer on such terms and conditions as he deems fit and proper 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 investigation of the case is still in progress, the petitioner shall report to the Investigating Officer of the case within a period of ten days and thereafter on all subsequent dates fixed by the Investigating Officer of the case for the sake of investigation till the report in final form is submitted before the jurisdictional Court. With the aforesaid observations, CRM (A) 2792 of 2026 is allowed. Memo of evidence submitted by the State be kept with the record. All parties shall act in terms of server copy of the order 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 with all requisite formalities. (Tirthankar Ghosh, J.)