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2026 DAILYLAW 9110 (CAL)

RUPANANDA BANMAHARAJ @ SANATAN BRAHMACHARI AND ANR. v. STATE OF WEST BENGAL

CRM (A)/3851/2025 · 2026-04-02

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

02.04.2026 Court No.35. D/L. 01 Rakib (Allowed) CRM (A) 3851 of 2025 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 Nabadwip Police Station Case No. 659 of 2025 dated 12.09.2025 under Sections 127(2) / 115(2) / 117(2) / 118(2) / 109 / 303(2) / 61(2) / 238 / 3(5) of the Indian Penal Code. And In the matter of : Rupananda Banmaharaj @ Sanatan Brahmachari & Ors. ……Petitioners. Mr. Milon Mukherjee, Sr. Adv, Mr. Tapan Dutta Gupta Mr. Santimay Bhattacharya, Mr. Parvej Anam Ms. Rituparna Ghosh Mr. Sourav Sardar. ……for the Petitioners. Mr. Debashis Roy, Ld PP Mr. Atif Ahmed Siddiqui Mr. Sarthak Mondal. ……for the State. Mr. Souma Subhra Ray Ms. Neelam Kumari Ms. Priyanka Patra ......for the de-facto complainant. Petitioners have been implicated in connection with the instant case at the behest of one Naba Kumar Sardar. Petitioner nos. 2, 3 and 4 are related to each other, petitioner no.1 is a responsible person of the Trust and petitioner no.5 is also associated with the other petitioners. The genesis of the case relate to dispute of the Trust relating to its properties, accounts and the principal allegations against the 2 petitioners are that they have sold out the properties and/or misappropriated the same, to that effect there was a dispute when the de-facto complainant was mercilessly assaulted resulting in injuries. Records of the case reflect that the police authorities were initially reluctant to investigate the case, subsequently a direction was passed by the learned Magistrate, Nabadwip. Consequently, Nabadwip police station case n o. 659 of 2025 was registered for investigation. I have taken into account the submissions advanced by the learned senior advocate appearing for the petitioners, learned advocate for the de-facto complainant as well as the learned Pubic Prosecutor. There is an injury report available in the Case Diary. The said injury report is of 11.07.2025. There are no allegations from the State that the petitioners are not co-operating with the investigation. The dispute and difference which is the subject matter of the case relate to a Trust, the parties are known to each other. Having considered the same, I am of the view that custodial detention of the present petitioners may not be warranted. However, it would be the discretion of the learned Magistrate to impose conditions so that the petitioners coordinate with the investigation of the case. Accordingly, I direct that in the event of arrest, the petitioners namely, Rupananda Banmaharaj @ Sanatan Brahmachari, Laxmi Mondal @ Mandal, Subrata Mondal, Biswajit Mondal and Rana Debnath may be released on bail upon 3 furnishing a 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 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. With the aforesaid observations CRM (A) 3851 of 2025 is allowed. 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.)