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2026 DAILYLAW 6893 (CAL)

KABITA ROY @ MAJHI AND ANR. v. STATE OF WEST BENGAL

CRM (A)/1043/2026 · 2026-04-06

Jay Sengupta

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

06.04.2026 Sl. No.59 Ct. 28 NB C.R.M (A) 1043 of 2026 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Chakdah PS Case No.409/2026 dated 21.03.2026 under Sections 318(4) of BNS, 2023. And In the matter of: Kabita Roy @ Majhi & Anr. … petitioners Mr. Shibaji Kr. Das, Mr. Dipendu Sarkar, Ms. Deblina De, Ms. Moitriye Das. …for the petitioners. Mr. Sandip Chakraborty, Mr. Pratick Bose. …for the State. Heard the learned counsels for the parties. Perused the case diary. It appears that the prime allegation of the de facto complainant is that the petitioners, being Managers of a microfinance company had taken money, but did not deposit the same in the company. However, they have decided not to make the company an accused, although it is alleged in the FIR that the office of the company was found locked. It also appears that the petitioners were issued notices by the Investigating Officer and they have complied with the same. Considering the above, the other materials available in the case diary, the fact that the petitioners have complied with the notices issued by the Investigating Officer, and the fact that the 2 petitioners are female accused, I do not think that custodial interrogation of the petitioners is required in this case and I am inclined to grant anticipatory bail to the petitioners. Accordingly, in the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each, one of whom must be local, to the satisfaction of Arresting Officer and subject to the conditions as laid down under Section 438 of the Code of Criminal Procedure, corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita and on further condition that the petitioners shall cooperate with the investigation and shall not threaten or intimidate witnesses or tamper with evidence in any manner whatsoever. The application for anticipatory bail is, thus, disposed of. Urgent photostat certified copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all formalities. (Jay Sengupta, J.)