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2026 DAILYLAW 37261 (CAL)

PROBIR KUMAR MUKHOPADHYAY AND OTHERS v. STATE OF WEST BENGAL

CRM (A)/2844/2026 · 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. 90. Kausik (Allowed) CRM (A) 2844 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 Kalighat Police Station Case No. 155 of 2026 dated 12.08.2026 under Sections 109/115(2)/126(2)/189(2)/190/191(2)/303(2)/324(2) of the BNS, 2023. And In the matter of : Probir Kumar Mukhopadhyay & Ors. ……Petitioners. Mr. Kalyan Bandopadhyay, Sr. Adv. Mr. Rahul Kumar Singh Mr. Danish Farooqui ……for the Petitioners. Mr. Arindam Dey Ms. Ritika Jain ….for the State. Supplementary affidavit filed by the petitioners be kept with the record. Learned Senior Advocate appearing for the petitioner submits that petitioners have been implicated in the present case because of attending circumstances and previous grudge of the complainant. Learned Senior Advocate complains of high-handedness of the police authorities also. State has produced the case diary. 2 I have taken into account the materials appearing in the case diary including the injury report. Having regard to the overall circumstances, I am of the view, although investigation can continue but custodial detention of the present petitioners are unwarranted in the facts of the case. As such, I direct that in the event of arrest, the petitioners namely, (1) Probir Kumar Mukhopadhyay, (2) Dhananjoy Shikary, (3) Bikram Das, (4) Debasish Mukherjee, (5) Debojyoti Basu, (6) Sayantan Chakraborty, (7) Dipak Das, (8) Gournath Dutta, (9) Prodyut Kumar @ Kala, (10) Biswajit Sardar @ Gopal, (11) Tapan Yadav, (12) Rabin Dey 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 the investigation of the case is in progress petitioners shall meet with the investigating officer within a period of 10 days and on all subsequent dates fixed by the investigating officer for the sake of investigation till the report in final form is submitted before the jurisdictional Court. Accordingly, CRM (A) 2844 of 2026 is allowed. Memo of Evidence submitted by the State be kept with the record. 3 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.)