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2026 DAILYLAW 7205 (CAL)

AMIT @ AMIT KUMAR BIN v. STATE OF WEST BENGAL

CRM (A)/1095/2026 · 2026-04-09

Jay Sengupta

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

09.04.2026 Sl. No.33 NB CRM (A) 1095 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 Jagaddal PS Case No.410/2025 dated 21.11.2025 under Sections 126(2)/115(2)/117(2)/109/351(2)/3(5) of the BNS, 2023 and adding Section 103(1) of BNS, 2023. And In the matter of: Amit @ Amit Kumar Bin … petitioner Mr. Atis Kumar Biswas, Mr. Amit Singh, Mr. Shailaja Gupta Saha. …for the petitioner. Ms. Subhasree Patel, Mr. Soumadip Saha. ..for the State. Learned counsel appearing on behalf of the petitioner submits that the petitioner was not there at the place of occurrence. He has been falsely implicated in this case. The alleged victim had an altercation with a group of boys over much splashing on him due to their actions. It was the victim who had assaulted the boys first. In retaliation, the boys reacted. Learned counsel appearing on behalf of the State strongly opposes the prayer for anticipatory bail. He relies on the postmortem report, which shows that the death was caused by the injuries inflicted. He also refers to the dying declaration of the victim and the statements of eye-witnesses specifically implicating the petitioner, among others as the assailants. In view of the above and the other incriminating materials available in the case diary, I do not consider this to be a fit case for granting anticipatory bail to the present petitioner. 2 The application for anticipatory bail of the petitioner is, thus, rejected. 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.)