Research › Search › Judgment

Calcutta High Court · body

2026 DAILYLAW 40113 (CAL)

MANOTOSH DAS v. STATE OF WEST BENGAL

CRM (A)/1896/2026 · 2026-09-11

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

11.09.2026 Court No.35. M/L. 140. Kausik (Allowed) CRM (A) 1896 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 Palashipara Police Station Case No. 253 of 2023 dated 14.08.2023 under sections 341/326/307/34 of the Indian Penal Code and Sections 25 and 27 of the Arms Act. And In the matter of : Manotosh Das ……Petitioner. Mr. Bikash Ranjan Bhattacharya, Sr. Adv. Mr. Siddhartha Sankar Mandal Ms. Sharmistha Dhar ……for the Petitioner. Mr. Gourav Roy ….for the defacto complainant. Mr. Gouranga Kumar Das, APP Ms. Priti Kar Bagchi ….for the State. Learned Senior Advocate appearing for the petitioner has drawn the attention of the Court to the order passed in CRM (A) 4324 of 2023. Learned advocate for the State has drawn the attention of the Court to the statement of the injured. The name of the present petitioner appears in the statement of the injured but assessing the complicity of the present petitioner and the accused who fired, the Division Bench distinguished their 2 participation and granted anticipatory bail to one Ashu Mallick @ Arshadul Hoque Mallick and rejected that of Golam Mostafa Mallick @ Golam Mostafa @ Kalu. Having considered the materials appearing in the statement under Section 164 of the Cr.P.C., I am of the opinion that petitioner is similarly placed as the other accused namely Ashu Mallick @ Arshadul Hoque Mallick. Consequently, prayer for anticipatory bail of the petitioner is allowed. As such, I direct that in the event of arrest, the petitioner, namely, Manotosh Das 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 charge sheet has been submitted before the jurisdictional Court this order of anticipatory bail will remain in force for a period of 6 weeks. Accordingly, CRM (A) 1896 of 2026 is allowed. 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.)