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2026 DAILYLAW 46217 (CAL)

MADHAB GHOSH AND ANR v. STATE OF WEST BENGAL

CRM (A)/1711/2026 · 2026-10-01

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

01.10.2026 Court No.35. D/L. 2. Kausik (Allowed) CRM (A) 1711 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 Ranaghat Police Station Case No. 373 of 2026 dated 01.06.2026 under Sections 108 of the BNS, 2023. And In the matter of : Madhab Ghosh & Anr. ……Petitioners. Mr. Sumanta Das ……for the Petitioners. Mr. Sandeep Prasad Shaw ….for the State. Learned advocate appearing for the petitioners submits that petitioners have been foisted with the criminal case because petitioner no. 1 took steps against the deceased. Earlier cases were filed against the present petitioners and presently the father of the deceased has lodged a complaint, although, the deceased committed suicide for other reasons. Learned advocate for the State opposes the prayer for anticipatory bail, draws the attention of the Court to the statements under Section 180 of the BNSS. I have taken into account the same and I find in each of the statements there is an issue relating to illicit relationship. 2 Having considered the overall circumstances of the case and there being no physical injuries on the person of the deceased, I am of the view that custodial detention of the present petitioners may not warranted in the facts of the case. Accordingly, prayer for anticipatory bail is allowed. As such, I direct that in the event of arrest, the petitioners, namely, (1) Madhab Ghosh, (2) Sutapa Sarkar @ Ghosh 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. Petitioner No. 1 will 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. Petitioner no. 2 shall make herself available as and when required by the investigating officer for the sake of investigation. Accordingly, CRM (A) 1711 of 2026 is allowed. Report and 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. 3 Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Tirthankar Ghosh, J.)