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2026 DAILYLAW 37511 (CAL)

PETITIONER v. STATE OF WEST BENGAL AND ANR

CRM (A)/2874/2026 · 2026-09-01

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

D/L858 01.09.2026 Bpg. Allowed C.R.M. (A) 2874 of 2026 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Kamarhati Police Station Case No.107 of 2026 dated 24.06.2026 under Sections 126(2)/329(4)/74/351(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023 and adding Section 4 of Protection of Children from Sexual Offences Act, 2012; Petitioner Versus The State of West Bengal & Anr. Mr. Pinak Kumar Mitra Mr. Satyam Pandey Mr. Kaustav Talukdar. …for the petitioner. Mr. Brajesh Jha Mr. Rishav Kumar Thakur Mr. Neel Chakraborty. …for the State. Learned advocate appearing for the petitioner submits that the petitioner has been foisted with the present criminal case on referring to incident of previous years. The accusations principally are of matrimonial dispute. State has produced the case diary and referred to statement of Section 183 of the BNSS. I have taken into account the statement of the victim and having regard to overall circumstances of the materials which are 2 appearing, I am of the opinion that custodial detention of the petitioner is unwarranted. As such, the prayer for anticipatory bail of the petitioner is allowed. Accordingly, in the event of arrest, the petitioner shall be released on bail to the satisfaction of the Arresting Officer and also be subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure corresponding to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. As the investigation of the case is in progress, the petitioner shall report to the investigating officer of the case within a period of 10 days from date and thereafter on all subsequent dates fixed by the investigating officer of the case till the report in final form is submitted before the jurisdictional court. Thus, CRM(A) 2874 of 2026 is allowed. Memo of Evidence submitted by the State be kept with the record. All parties shall act on the server copy of this order duly 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 of all requisite formalities. (Tirthankar Ghosh, J.)