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2026 DAILYLAW 40608 (CAL)

KALYAN BANERJEE @ KALYAN BANDOPADHYAY v. STATE OF WEST BENGAL

CRM (A)/3161/2026 · 2026-09-16

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

16.09.2026 Court No.35. D/L.858. Rakib (Allowed) CRM (A) 3161 of 2026 In Re: An Application for Anticipatory Bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Serampore Police Station case no. 504 of 2026 dated 02.09.2026 under Sections 109 / 115(2) / 118(1) / 118(2) / 126(2) / 127(2) / 132 / 190/191(2)/191(3)/221/324(4)/351(2)/351(3) of the Bharatiya Nyaya Sanhita, 2023. And In the matter of : Kalyan Banerjee @ Kalyan Bandopadhyay ……Petitioner. Mr. Sabyasachi Banerjee, Sr. Adv, Mr. Rahul Kumar Singh Mr. Md. Danish Farooqui ......for the Petitioner. Mr. Kallol Mondal, Ld. PP Mr. Sayak Chakraborti Mr. Aditya Tiwari Mr. Anamitra Banerjee Mr. Pritam Roy ……for the State. Learned senior advocate appearing for the petitioner submits that petitioner is a senior advocate, regularly available, who has been foisted with the criminal case after change in administration. Learned advocate appearing for the State has opposed the prayer for anticipatory bail. I have taken into account the materials appearing in the Case Diary including the statement of the de-facto complainant under Section 183 of the BNSS as also the statements of the witnesses. Having regard to the contentions in the said statements, I find that the facts relate to incident of 2020. Petitioner was available and is available. There is no chance of absconsion. Having considered the fact that the case has been registered on 2nd of September, 2026 and 2 the facts so far as the accusations against the petitioner commences from 06.12.2020, I am of the view that custodial detention of the present petitioner is unwarranted. Accordingly, prayer for anticipatory bail of the petitioner namely, Kalyan Banerjee @ Kalyan Bandopadhyay is allowed. As such, in the event of arrest, the petitioner shall be released on bail to the satisfaction of the Arresting Officer on such terms and conditions as he deems fit and proper subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Petitioner shall make himself available as and when required by the investigating officer of the case for the sake of investigation. Accordingly, CRM (A) 3161 of 2026 is allowed. Memo of evidence submitted by the State be kept with the record. 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.)