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2026 DAILYLAW 49369 (CAL)

SUBRATA DUTTA ALIAS GOPE AND ANR v. STATE OF WEST BENGAL AND ANR

CRM(M)/2411/2026 · 2026-10-14

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

14.10.2026 Court No.35. D/L.08. Rakib (Allowed) CRM (M) 2411 of 2026 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Patrasayer Police Station case no. 258 of 2026 dated 11.07.2026 under Sections 329(4)/65(1)/79/107/328/61(2)/351(2)/351(3)/3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 6 of the POCSO Act, 2012. And In the matter of : Subrata Dutta @ Gope & Anr. ……Petitioners. Mr. Bikash Ranjan Bhattacharya, Sr. Adv, Ms. Arifa Sultana Mr. S. Singh .....for the Petitioners. Mr. Kallol Mondal, Ld. APP Mr. Subhajit Chatterjee Mr. Sayan Mukherjee ……for the State. Learned senior advocate appearing for the petitioners submit that petitioner no.1 is in custody since 29th of July, 2026 and petitioner no.2 is in custody since 12th of July, 2026. Learned senior advocate also submits that petitioners have been foisted with the criminal case because of their overt acts and are unnecessarily detained in custody. Learned advocate appearing for the State opposes the prayer for bail and submits that it is the present petitioners who engaged themselves and was responsible for destruction of the evidence including the vital evidence. I have perused the Case Diary and have taken into account the statement of the witnesses and primarily, I am of the opinion that so 2 far as the present petitioners are concerned, their involvement are of charges under Section 238 of the BNS. Having regard to the same, I am inclined to release the petitioners on bail. Accordingly, prayer for bail of the petitioners is allowed. As such, the petitioners namely, Subrata Dutta @ Gope and Purabi Dutta Mallick shall be released on bail upon furnishing bond of Rs.20,000/- (Rupees Twenty Thousand only) each, with two sureties of Rs.10,000/- (Rupees Ten Thousand only) each, one of whom must be local to the satisfaction of the learned Additional Chief Judicial Magistrate, Bishnupur, Bankura. 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 district of Bankura without prior permission of the learned Trial Court. Additionally, petitioners shall stay outside the jurisdiction of Patrasayer Police station till further orders of this Court. With the aforesaid observations, CRM (M) No. 2411 n of 2026 is allowed. The observations made above are only restricted for adjudication of the bail application and should not be considered a final opinion on the merits of the case. Case Diary be returned to the learned advocate appearing for the State. 3 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.)