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2026 DAILYLAW 42877 (CAL)

SUJAN GHOSH AND ORS v. STATE OF WEST BENGAL

CRM (A)/3031/2026 · 2026-09-23

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

23.09.2026 Court No.35. D/L. 474. Kausik (Allowed) CRM (A) 3031 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 Galsi Police Station Case No. 354 of 2026 dated 17.05.2026 under Sections 331(3)/118(2)/109(1)/308(5)/324(4)/324(5)/325/351(1)/3(5) of the BNS, 2023 and under Section 5(1) of the Indian Fisheries Act, 1897. And In the matter of : Sujan Ghosh & Ors. ……Petitioners. Mr. Jannat Ul Firdous Mr. Ayanil Das ……for the Petitioners. Mr. Gouranga Das, Ld. APP Mr. Amal Kumar Datta Mr. Rishav Kumar Thakur ….for the State. Learned advocate for the petitioners submits that the incident complained of is of 02.05.2021 and the information was furnished to the police station on 17.05.2026. Learned advocate for the State opposes the prayer for anticipatory bail and submits that there are substantial materials. Be that as it may, having considered the period which has lapsed, I am of the opinion that investigation may continue 2 but custodial detention of the present petitioners are not warranted in connection with the instant case. Accordingly prayer for anticipatory bail is allowed. As such, I direct that in the event of arrest, the petitioners, namely, (1) Sujan Ghosh, (2) Subodh Das @ Bapi Das, (3) Mihir Ghosh @ Gadai Ghosh, (4) Ganesh Ray @ Ganesh Das, (5) Apurba Dutta 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 petitioners shall report to the investigating officer of the case within a period of 10 days and on all subsequent dates fixed by the investigating officer till the report in final form is submitted before the jurisdictional Court. Accordingly, CRM (A) 3031 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.)