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2026 DAILYLAW 42027 (CAL)

BISWANATH DAS v. STATE OF WEST BENGAL

CRM (A)/2990/2026 · 2026-09-21

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

21.09.2026 IN THE HIGH COURT AT CALCUTTA Item No.28 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc. Allowed C.R.M. (A) 2990 of 2026 In Re : An Application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Haroa Police Station Case No. 220 of 2026 dated 11.04.2026 under Sections 85/80/103/61(2) of the Bharatiya Nyaya Sanhita, 2023 presently under Sections 85/80/61(2) of the Bharatiya Nyaya Sanhita, 2023 read with Section 4 of Dowry Prohibition Act, 1961 (G.R. Case No. 1702/2026). And In Re : Biswanath Das ... Petitioner. Mr. Surajit Basu, Ms. Jasika Alam ... For the Petitioner. Mr. Gouranga Kumar Das, APP, Mr. Kaustav Shome ... For the State. Learned advocate appearing for the petitioner submits that petitioner is uncle-in-law who has been implicated in the instant case as accused because of allegations of physical and mental cruelty being inflicted to the deceased. Learned advocate submits that there are hardly any materials to support the contention and whole of the family including the extended family has been implicated as accused in the present case. Learned advocate appearing for the State, on the other hand, opposes the prayer for anticipatory bail and produces the case diary. I have taken into account the statement of the witnesses including the post mortem report. Having considered the same and the fact that charge-sheet has 2 already been submitted and the petitioner being uncle-in- law, I am of the opinion that custodial detention of the present petitioner in connection with the instant case is unwarranted. As such, the prayer for anticipatory bail of the petitioner is allowed. Accordingly, in the event of arrest, the petitioner viz., Biswanath Das shall be released on bail to the satisfaction of the Arresting Officer on such terms and conditions as he deems fit and proper and also be 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. As the charge-sheet has already been submitted before the jurisdictional court, this order of anticipatory bail will remain in force for a period of six weeks from date. Memo of Evidence submitted by the learned advocate appearing for the State be kept with the record. The application for anticipatory bail, being CRM (A) 2990 of 2026, is, thus, disposed of. All concerned parties shall act on the server copy of this order duly 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.)