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2026 DAILYLAW 37103 (CAL)

SHIVAM KUMAR v. STATE OF WEST BENGAL

CRM (A)/2840/2026 · 2026-08-31

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

31.08.2026 Court No.35. D/L. 86. Kausik (Allowed) CRM (A) 2840 of 2026 In Re: An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure, 1973/Under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Suti Police Station Case No. 789 of 2024 dated 23.10.2024 under Section 105 of BNS, 2023. And In the matter of : Shivam Kumar ……Petitioner. Mr. Ali Ahsan Alamgir Ms. Rabia Khatoon Ms. Soma Mal Mr. J. Modak Mr. Debarpan Bose ……for the Petitioner. Ms. Soma Mishra Chatterjee Mr. K. Roy ….for the State. Learned advocate appearing for the petitioner submits that petitioner is similarly placed as the other accused person who has been granted anticipatory bail in CRM (A) 2585 of 2026. Learned advocate for the State opposes the prayer for anticipatory bail but is unable to refute that petitioner and Pintu Mondal are not similarly situated. 2 Having considered the overall materials and the fact that charge sheet has already been submitted, I am inclined to grant anticipatory bail to the present petitioner. As such, I direct that in the event of arrest, the petitioner namely, Shivam Kumar be released on bail subject to the satisfaction of the investigating officer/arresting officer of the case and also subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and/or under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. As charge sheet has already been submitted, this order of anticipatory bail will remain in force for a period of 6 weeks. Accordingly, CRM (A) 2840 of 2026 is allowed. Report 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.)