30.09.2026 IN THE HIGH COURT AT CALCUTTA Item No.1 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc. Allowed C.R.M. (M) 1816 of 2026 In Re : An Application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Tala Police Station Case No. 12 of 2026 dated 20.03.2026 under Sections 105/3(5) of the Bharatiya Nyaya Sanhita, 2023 (G.R. Case No. 596 of 2026). And In Re : Milan Kumar Das and another ... Petitioners. Mr. Bikash Ranjan Bhattacharya, Sr. Adv., Mr. Samim Ahammed, Mr. Arka Ranjan Bhattacharya, Mr. Asif Ikbal Baidya, Mr. Nasirul Haque, Ms. Reshma Khatun, Ms. Zoya Eram ... For the Petitioners. Mr. Kallol Mondal, Ld. PP, Dr. Pradip Banerjee, Ld. APP, Mr. Aditya Tiwari, Ms. Namrata Chatterjee, Mr. Aniruddha Sarkar ... For the State. Learned senior advocate appearing for the petitioners submits that petitioners are lift attendants who have been accused and are in custody since their arrest on 20.03.2026; charge-sheet has already been submitted. As such, petitioners pray for bail on any conditions. Learned Public Prosecutor appearing for the State has taken to the materials in the case diary and submitted that the petitioners being lift attendants had complete knowledge when they were acting pursuant to the information being furnished to them. Attention of the Court was drawn by the learned Public Prosecutor to the relevant paragraph of the 2 charge-sheet which makes out a case under Section 105 of the BNS in respect of the accused persons. The relevant paragraph is quoted below : “During investigation, it is learnt that every lift attendant must know the lift operation procedure and rescue processes in case of any exigencies before getting lift attendant authorization license from the Directorate of Electricity, Govt. of West Bengal. They also undergone training where they learn that in case there is any situation of lift stuck at any floor or between the floors the following steps should be followed - (1) First to confirm the exact position of the lift, (2) to ensure that the passengers are inside the lift carriage, (3) if the position of the lift is so that the passengers can easily get out of the lift or step down onto the floor, the floor door should be opened with the delocking key and the lift should be evacuated and the next step of shorting out the mechanical problem may be done if necessary. (4) If the lift is not in a position that passengers can easily get out of the lift, then the question of using break release liver arise; in that case first duty of a lift man is to ensure by physical inspection that the passengers are inside the lift or not. Then the lift should be brought to the level of the nearest floor with the help of brake release liver after shutting off the power supply and evacuate the lift. After that any further course of repairing works can be done.” It has been emphasised also that both the petitioners had full knowledge that the victims got stuck inside the lift car which was stranded at the basement and in spite of such knowledge, both the doors of the lift were opened and operations were carried out by the present petitioners. The incident complained of is unfortunate. However, the petitioners are in custody for more than six months, charge-sheet has already been submitted and although the prosecution case emphasises on knowledge, but I do not find that there was any intention of the lift attendants to kill the 3 deceased. Having regard to the same, I am inclined to release the petitioners on bail. As such, the prayer for bail of the petitioners is allowed. Accordingly, the petitioners viz., 1. Milan Kumar Das and 2. Biswanath Das shall be released on bail upon furnishing bond of Rs.20,000/- each, with two sureties of Rs.10,000/- each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Sealdah. If on bail, the petitioners shall be physically present on each and every date before the learned Trial Court and shall not leave the jurisdiction of the districts of Kolkata, South 24-Parganas and North 24-Parganas without prior permission of the learned Trial Court. Any observation made hereinabove is restricted for disposing of the bail application and should not influence the final outcome of the case. The application for bail, being CRM (M) 1816 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.)