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2026 DAILYLAW 37750 (CAL)

AMARNATH DALUI AND ORS v. STATE OF WEST BENGAL

/2888/2026 · 2026-09-02

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

D/L826 02.09.2026 Bpg. Allowed C.R.M. (A) 2888 of 2026 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 corresponding to Section 438 of the Code of Criminal Procedure filed in connection with Burdwan Police Station Case No.595 of 2026 dated May 20, 2026 under Sections 126(2)/115(2)/117(1)/324(4)/351(1)/3(5) of the Bharatiya Nyaya Sanhita, 2023; Amarnath Dalui & Ors. Versus The State of West Bengal Mr. Uday Sankar Chattopadhyay Ms. Rajashree Tah Ms. Trisha Rakshit Ms. Aishwarya Datta Ms. Bidisha Chakraborty Ms. Sadia Parveen. …for the petitioners. Mr. Ranjan Chakraborty Ms. Anita Pandey. …for the State. Learned advocate appearing for the petitioners submits that the incident complained of is of the year 2023 and the petitioners have been implicated pursuant to change in administration. Learned advocate for the State opposes the prayer for anticipatory bail and submits that incident is not only of the year 2023 but also on 04.05.2026. I have taken into account the materials appearing in the 2 case diary. So far as the incident of 2026 as complained of, no report is available. Having considered the same, I am of the view that custodial detention of the present petitioners are unwarranted. As such, the prayer for anticipatory bail of the petitioners are allowed. Accordingly, in the event of arrest, the petitioner no.1, namely, Amarnath Dalui, the petitioner no.2, namely, Somnath Dalui, the petitioner no.3, namely, Champa Dalui, the petitioner no.4, namely, Dharbindu Dalui and the petitioner No.5, namely, Chumki Dalui 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 nos.1, 2 and 4 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. Petitioner nos.3 and 5 will make themselves available before the investigating officer of the case as and when called for. Thus, CRM(A) 2888 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. 3 Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities. (Tirthankar Ghosh, J.)