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Calcutta High Court · body

2026 DAILYLAW 9401 (CAL)

UJJAL SAHA AND ORS. v. STATE OF WEST BENGAL

CRM (A)/1136/2026 · 2026-04-17

Jay Sengupta

body2026

Judgment text

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17.04.2026 Court No.28 Item No.23 ssi CRM (A) 1136 of 2026 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita in connection with Nimta Police Station Case No.85 dated 22.03.2026 under Sections 109/115(2)/117(2)/3(5)/324(4)/329(4)/351(2)/74 of the BNS 2023. And In the matter of: Ujjal Saha & others. …. Petitioners Mr. Kaushik Chaudhury Ms. Irina Mullick Mr. Dwaipayan Panda …for the petitioners Mr. Saibal Bapuli, Ld. APP Mr. Arani Bhattacharyya ..for the State Learned counsel appearing on behalf of the petitioners submits that the petitioners have been falsely implicated in this case. It was alleged that the petitioners had barged into the house of the victim and assaulted them. However, there is no grievous injury inflicted. Learned Additional Public Prosecutor strongly opposes the prayer for anticipatory bail. He refers to the statements of witnesses and the injury report. It appears that a girl aged about 7 years and a boy aged about 8 years were assaulted by the accused. The injury report specifically contains the names of the petitioner no.1 and the petitioner no.5. Considering the above, the other materials available in the case diary and the alleged roles ascribed to each of the present petitioners, while I am inclined to grant anticipatory bail to the petitioner nos. 2, 2 3 and 4 (Rupak Nandi, Sudip Das and Sourav Das), the application for anticipatory bail of the petitioner nos. 1 and 5 is rejected. In the event of arrest, the petitioner nos. 2, 3 and 4 (Rupak Nandi, Sudip Das and Sourav Das) 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 the Arresting Officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the BNSS, 2023 and on further conditions that the petitioner nos. 2, 3 and 4 shall meet the I.O. twice a week till submission of report in final form and shall not threaten or intimidate the witnesses. The application for anticipatory bail is, thus, disposed of. Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible. (Jay Sengupta, J.)