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2026 DAILYLAW 45849 (CAL)

GOURAV BISWAS AND ORS v. STATE OF WEST BENGAL

CRM (A)/3074/2026 · 2026-09-30

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

30.09.2026 Court No.35. D/L.589. Rakib (Allowed) CRM (A) 3074 of 2026 In Re: An Application for Anticipatory Bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Chandannagar Police Station case no. 127 of 2026 dated 19.07.2026 under Sections 316(2)/318(4)/85/3(5) of the Bharatiya Nyaya Sanhita, 2023. And In the matter of : Gourav Biswas & Ors. ……Petitioners. Mr. Sachit Talukdar Mr. Tirtharaj Ghoshal ......for the Petitioners. Mr. Ramashiis Mukherjee Mr. Sanjib Das ……for the State. Mr. Joydip Banerjee Ms. Moushumi Banerjee Mr. Sachentan Ghosh .......for the De-facto complainant. Learned advocate appearing for the petitioners submit that petitioners are the husband, father-in-law and mother-in-law of the informant. Case cropped up because of matrimonial difference and disputes. Learned advocate appearing for the de-facto complainant vehemently opposes the prayer for bail and submits that the informant’s jewelleries and other articles are attempted to be disposed of by the petitioner no.1. Learned advocate appearing for the State opposes the prayer for anticipatory bail and submits that there has been non- compliance with the provisions of Section 35(3) of the BNSS. 2 I have taken into account the materials appearing, having considered the prescribed punishment in such cases, an opportunity is granted to the petitioner no.1. Petitioner no.1 will meet with the investigating officer of the case twice a week till the report in final form is submitted before the jurisdictional Court. In case, the petitioner no.1 within the next five days meet with the investigating officer of the case, his prayer for anticipatory bail will be deemed to be allowed. In the alternative same will be deemed to be cancelled. Accordingly, in the event of arrest, the petitioners, namely, Gourav Biswas, Goutam Kumar Biswas and Basabdatta Biswas shall be released on bail to the satisfaction of the Arresting Officer on such terms and conditions as he deems fit and proper 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 no.2 shall report to the Investigating Officer of the case within a period of ten days and thereafter, on all subsequent dates fixed by the Investigating Officer of the case for the sake of investigation till the report in final form is submitted before the jurisdictional Court. Petitioner no.1 will continue with meet with the investigating officer twice a week till the report in final form is submitted before the jurisdictional Court. 3 So far as other petitioner no.3 is concerned, she shall make herself available as and when called by the investigating officer of the case for the sake of investigation. Accordingly, CRM (A) 3074 of 2026 is allowed. Memo of evidence submitted by the State 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.)