SITAL NAYEK @ SHITAL NAYEK v. STATE OF WEST BENGAL
CRM (A)/3101/2026 · 2026-10-01
Tirthankar Ghosh
body2026
DailyLaw.ai
[ 2026 DAILYLAW 46022 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 46022 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
01.10.2026 Court No.35.
D/L. 13. Kausik (Allowed)
CRM (A) 3101 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 Mogra Police Station Case No. 295 of 2026 dated 28.05.2026 under Section 126(2)/117(2)/118(2)/109(2)/351(2)/351(3)/352/3(5) of the BNS,
2023.
And
In the matter of : Sital Nayek @ Shital Nayek
……Petitioner.
Mr. Suman Chakraborty
……for the Petitioner.
Ms. Rajashree Venket Kundalia
Mr. Rajesh Kr. Shah
….for the State.
Learned advocate appearing for the petitioner submits that dispute was relating to dismantling of Mango trees.
Learned advocate for the State produces the case diary draws the attention of the Court to the injury report as well as the statement of the informant. Petitioner has been named in the FIR. There are other two accused persons.
Having considered the manner in which the injuries were inflicted and there were other accused persons including the fact that the informant has divulged that the petitioner
2 happens to be handicapped some benefit be extended to the petitioner.
Accordingly, prayer for anticipatory bail is allowed. As such, I direct that in the event of arrest, the petitioner, namely, Sital Nayek @ Shital Nayek 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 petitioner shall report to the investigating officer 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) 3101 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.)