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2026 DAILYLAW 40242 (CAL)

TUHINA KHATUN MONDAL @ TUHINA MONDAL AND ORS. v. STATE OF WEST BENGAL

CRM (A)/965/2026 · 2026-09-11

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

11.09.2026 Serial no. 114 [G.S.Das] Assistant Registrar (Court) CRM (A) 965 of 2026 In re : An Application under Section 482 of the BNSS, 2023/under Section 438 of the Cr.P.C. in connection with Dhantala PS Case No. 66 of 2026 dated 31.01.2026 u/s 329(3)/103(1)/3(5) of the BNS. -And- In the matter of : Tuhina Khatun Mondal @ Tuhina Mondal (Kakali) & Ors. … Petitioner(s) Ms. Minoti Gomes … for the petitioner(s) Mr. Krishnendu Bhattacharya, ld. APP Ms. Priti Kar Bagchi … for the State-respondent(s) Learned advocate for the petitioners submits that the petitioners have been foisted with the present criminal case because of other reasons. There was no overt act of the present petitioners, yet, the police authorities are chasing them. Learned advocate for the State opposes the prayer for anticipatory bail and produces the case diary. I have taken into account the opinion of doctor in the postmortem report which reflects that death was due to the effects of Acute Myocardial infarction. Having considered the same, I am of the view that custodial detention of the present petitioners is unwarranted. 2 Hence, the prayer for anticipatory bail of the petitioners is Allowed. Accordingly, I direct that in the event of arrest, the petitioners [Tuhina Khatun Mondal @ Tuhina Mondal (Kakali), Laili Mondal and Shamim Mondal @ Samim Mondal] 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. As the investigation of the case is still in progress, the petitioner no.3 shall meet with the Investigating Officer of the case within a period of ten days from date and, thereafter, on all subsequent dates as would be fixed by the Investigating Officer of the case for the sake of investigation till the report in final form is submitted. So far as the petitioner nos. 1 and 2 are concerned, they shall make themselves available as and when they would be required by the I.O. of the case for the sake of investigation. Accordingly, CRM (A) 965 of 2026 is disposed of. 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.) 3