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2026 DAILYLAW 38246 (CAL)

SUJIT ROY @ SUJIT KUMAR ROY AND ANR v. STATE OF WEST BENGAL AND ANR

CRM (A)/2906/2026 · 2026-09-03

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

03.09.2026 Serial no. 808 [G.S.Das] Assistant Registrar (Court) CRM (A) 2906 of 2026 In re : An Application under Section 482 of the BNSS, 2023/under Section 438 of the Cr.P.C. in connection with Ghatal PS Case No. 59 of 2026 dated 24.02.2026 u/s 76/64(1)/70(1)/351(3)/3(5) of the BNS. -And- In the matter of : Sujit Roy @ Sujit Kumar Roy &Anr. … Petitioner(s) Mr. Prabir Kumr Mitra, Sr Adv. Mr. Kaustav Talukdar Ms. Sudarshana Srivastava Mr. Satyam Pandey … for the petitioner(s) Mr. Subrata Mukherjee Ms. Anita Pandey … for the State-respondent(s) Learned advocate for the petitioners submits that the petitioners have been foisted with the criminal case as they were associated with the principal accused, namely, Falguni Mishra who happen to be an elected representative of the area. Learned advocate for the State opposes the prayer for anticipatory bail and draws the attention of the court to the statement of the victim under section 183 of the BNSS 2 as well as the complicity of the present petitioners which have been referred to therein. Having considered the records of the case particularly the accusations against the present petitioners, I find that the main allegation is against one Falguni Mishra. There are accusations against the petitioners but in reference to the incident of 20th April, 2025, the complaint was furnished on or about 24th February, 2026. Prima facie, I am not satisfied regarding the absence of any reason relating to the delay and/or the reasons for delaying the information furnished so far as the present petitioners are concerned. Having considered the same, I am of the opinion that custodial detention of the present petitioners is unwarranted. Hence, the prayer for anticipatory bail of the petitioners is Allowed. Accordingly, I direct that in the event of arrest, the petitioners [Sujit Roy @ Sujit Kumar Roy and Tanmoy Ghosh @ Tanay Kumar Ghosh] be released on anticipatory bail subject to the satisfaction of the 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. 3 As charge-sheet has already been submitted, this order of anticipatory bail will remain in force for a period of six weeks from date. Accordingly, CRM (A) 2906 of 2026 is disposed of. Memo of evidence submitted be kept with the record. Parties to act on a server copy of this order duly collected from the official website of the Hon’ble High Court, Calcutta. (Tirthankar Ghosh, J.)