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2026 DAILYLAW 37212 (CAL)

GANESH MANDAL v. STATE OF WEST BENGAL

CRM (A)/2296/2026 · 2026-08-31

Partha Sarathi Chatterjee

body2026

Judgment text

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31.08.2026 Ct. No. 446 Sl. No.29 akd [ALLOWED] C. R. M. (A) 2296 of 2026 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed on 10.07.2026 in connection with English Bazar Police Station Case No. 514 of 2026 dated 06.04.2026 under Sections 126(2)/115(2)/117(2)/118(1)/3(5) of the Bharatiya Nyaya Sanhita, 2023. And In Re: Ganesh Mandal … … Petitioner Mr. Apan Saha Mr. Mosaraf Hossain Mr. Tasnim Ahamed Mr. Sarfary Noway … … for the petitioner Mr. Debapratim Guha … … for the State 1. This is an application for anticipatory bail filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with English Bazar Police Station Case No. 514 of 2026 dated 06.04.2026 under Sections 126(2)/115(2)/117(2)/118(1)/3(5) of the Bharatiya Nyaya Sanhita, 2023. 2. Learned Advocate appearing for the petitioner submits that the petitioner has been falsely implicated in the instant case. He further submits that two co-accused persons, standing on the same footing, have been granted pre-arrest bail by the learned Sessions Judge, Malda, in Criminal Misc. Case No. 1160 of 2026. In such conspectus, according to him, custodial interrogation of the present petitioner is not necessary. 3. Mr. Guha, learned Advocate appearing for the State/respondents, produces the Memo of Evidence as well as the case diary and opposes the prayer for anticipatory bail of the petitioner on the basis of the 2 materials available therein. The Memo of Evidence filed in Court today is taken on record. 4. Heard the learned Advocates appearing for both the parties and perused the case diary as well as the other materials on record including the Memo of Evidence. 5. Two co-accused persons have been granted pre-arrest bail. The incident allegedly occurred in the presence of direct evidence. Considering the nature of the injuries as reflected in the injury report, I am of the opinion that custodial interrogation of the petitioner is not necessary and that he may be granted anticipatory bail. 6. Accordingly, I direct that in the event of arrest, the accused/petitioner, namely, Ganesh Mandal, be released on bail upon furnishing a bond of Rs. 10,000/-(Rupees ten thousand only), with two sureties of like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Malda and also subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The petitioner shall meet the Investigating Officer once in a fortnight till submission of the charge. 7. The application for anticipatory bail is, thus, disposed of. (Partha Sarathi Chatterjee, J.)