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2026 DAILYLAW 42901 (CAL)

GANESH KAR v. STATE OF WEST BENGAL

CRM (A)/3036/2026 · 2026-09-23

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

23.09.2026 IN THE HIGH COURT AT CALCUTTA Item No.479 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc. Allowed C.R.M. (A) 3036 of 2026 In Re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Haringhata Police Station Case No. 541 of 2026 dated 23.08.2026 under Sections 307/323/325/341/506/34 of the Indian Penal Code, 1860. And In Re : Ganesh Kar ... Petitioner. Mr. Shibaji Kumar Das, Mr. Dipendu Sarkar, Ms. Deblina De ... For the Petitioner. Mr. Brajesh Jha, APP, Mr. Sayan Mukherjee, Ms. Supriya Mahajan ... For the State. Learned advocate appearing for the petitioner submits that petitioner has been foisted in connection with the present criminal case because of change in administration. Learned advocate appearing for the State, on the other hand, opposes the prayer for anticipatory bail. I have taken into account the gist of the FIR which refers to overt acts/offences dated 28.04.2021. Having considered the same, I am of the opinion that although the investigation of the case may continue, but 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., Ganesh Kar shall be released on bail to the satisfaction of the 2 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 investigation of the case is still in progress, the petitioner shall report to the Investigating Officer of the case within a period of ten days from date and thereafter on all subsequent dates fixed by the Investigating Officer, if required for the sake of investigation, till the report in final form is submitted before the jurisdictional court. The application for anticipatory bail, being CRM (A) 3036 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.)