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2026 DAILYLAW 46852 (CAL)

PARSURAM SWAIN v. STATE OF WEST BENGAL

CRM (A)/3639/2026 · 2026-10-06

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

06.10.2026 Court No.35. D/L. 260. Kausik (Allowed) CRM (A) 3639 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 Behala Police Station Case No. 24 of 2025 dated 06.02.2025 under section 61(2)/316(2)/318(4) of BNS, 2023. And In the matter of : Parsuram Swain ……Petitioner. Mr. Biswajit Tiwari Mr. Tanmoy Biswas Mr. Anish Tiwari ……for the Petitioner. Mr. Amit Halder Mr. Arindam Banerjee ….for the State. Petitioner submits that because of commercial transaction and initiation of a criminal case, petitioner subsequently has been made an accused in a case. Learned advocate submits that petitioner has also initiated a criminal case being Cyber Crime PS Case No. 38 dated 04.08.2026 against the informant and others. Having regard to the fact that there are trappings of transactions taking place which are commercial in nature, I am of the opinion that custodial detention of the present petitioner may not be warranted in connection with the instant case. 2 As such, I direct that in the event of arrest, the petitioner, namely, Parsuram Swain 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 for the sake of investigation. In case there is violation of the condition, the investigating officer will pray for issuance of harsher process of law against the present petitioner from the jurisdictional Court in seisin of the criminal case. Accordingly, CRM (A) 3639 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.)