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2026 DAILYLAW 40712 (CAL)

AMIT KUMAR DEY AND ANR. v. STATE OF WEST BENGAL

CRM (A)/1864/2026 · 2026-09-14

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

14.09.2026 Court No.35. M/L. 134. Kausik (Allowed) CRM (A) 1864 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 Kotwali Police Station Case No. 279 of 2026 dated 16.05.2026 under Sections 316(2)/318(4)/115(2)/117(2)/351(2)/3(5) of the BNS, 2023. And In the matter of : Amit Kumar Dey & Anr. ……Petitioners. Mr. Sourav Chatterjee, Sr. Adv. Mr. Krishan Ray Mr. Pronojit Roy Ms. Isita Kundu ……for the Petitioners. Mr. Krishnendu Bhattacharjee Mr. Mukesh Kr. Gupta ….for the State. Learned advocate appearing for the petitioners submits that the present case has been instituted for creating pressure upon the present petitioners. No criminal case has been made out. A civil dispute has been given the flavor of a criminal proceedings. Learned advocate for the State submits that the documents collected by the investigating agency would reflect money transaction. Emphasis is on the agreement for sale and non-compliance of giving effect to the same. Prima facie, it is reflected that a part of the money was paid for which the 2 defacto complainant intends to implement the subject matter of the property related therein. Having regard to the subject matter of the case, I am of the opinion that custodial detention of the present petitioners are unwarranted. As such, prayer for anticipatory bail of the petitioners are allowed. As such, I direct that in the event of arrest, the petitioners, namely, (1) Amit Kumar Dey, (2) Pijush 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 investigation of the case is in progress, petitioner shall report to the investigating officer within a period of 10 days and on all subsequent dates fixed till the report in final form is submitted before the jurisdictional Court. Accordingly, CRM (A) 1864 of 2026 is allowed. Memo of Evidence submitted 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.)