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2026 DAILYLAW 9322 (CAL)

KALACHAND SARKAR v. STATE OF WEST BENGAL

CRM(M)/574/2026 · 2026-04-16

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

D/L41 16.04.2026 Bpg. Allowed C.R.M. (M) 574 of 2026 In Re: An application for bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 filed in connection with Kalyani Police Station Case No.1298 of 2025 dated 30th December, 2025 which culminated in Charge-sheet No.90 of 2026 dated 18th February, 2026 under Sections 336(2)/337/338/340(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023 read with Section 21 of the Immigration & Foreigners Act, 2025; Kalachand Sarkar Versus State of West Bengal Mr. Shibaji Kumar Das Ms. Maitrayee Das. …for the petitioner. Mr. Sanjay Bardhan Ms. Suparna Chatterjee. …for the State. Learned advocate appearing for the petitioner submits that the petitioner is in custody for more than 100 days and charge- sheet has already been submitted before the jurisdictional court. It has also been submitted that no materials were collected from the present petitioner and it is only on the statement of the complainant the petitioner has been arrested. Learned advocate for the State opposes the prayer for bail and submits that the complainant came to know at the time of SIR hearing that complainant and her husband have been shown as parents of one Bangladeshi national. Documents were prepared on such data for which the complainant and her husband faced inconveniences. The investigating agency on investigation came to 2 know that such documents were prepared by the present petitioner. Be that as it may, there are only oral statement and other materials presently are lacking. Report has been submitted which also do not reflect any antecedent of the present petitioner. Having considered the period of detention and the case is based on oral and documentary evidence and that the petitioner is an Indian, I am of the view that further detention of the petitioner is unwarranted. As such, the prayer for bail of the petitioner is allowed. The petitioner, namely, Kalachand Sarkar shall be released on bail upon furnishing bond of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties of Rs.10,000/- each, one of whom must be local to the satisfaction of the learned ACJM, Kalyani, Nadia. If on bail, the petitioner shall be physically present on each and every date before the learned trial court and shall not leave the district of Nadia without prior permission of the learned trial court. Accordingly, CRM(M) 574 of 2026 is allowed. Report submitted by the State be kept with the record. All parties shall act on the server copy of this order duly 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 of all requisite formalities. (Tirthankar Ghosh, J.) 3