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2026 DAILYLAW 9683 (CAL)

DHIREN MODAK v. STATE OF WEST BENGAL

CRM (A)/1150/2026 · 2026-04-17

Jay Sengupta

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

17.04.2026 Court No.28 Item No.31 tbsr Reject CRM (A) 1150 of 2026 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Dalkhola P.S. Case No.126 of 2025 dated 23.05.2025 under Sections 329(4)/115(2)/118(2)/103(1)/3(5) of the Bharatiya Nyaya Sanhita, 2023 adding Section 329(4)/118(2)/109/103(1)/3(5) of the BNS, 2023. And In the matter of: Dhiren Modak ….Petitioner. Mr. Amit Roy Mr. Anish Tiwari …for the petitioner. Ms. Sonali Das Ms. Dhanasree Biswas …..for the State. Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner has been falsely implicated in this case. Some of the co-accused have already been granted anticipatory bail by this Court earlier. It was recorded therein that the principal accused appeared to be one Munna Modak, who is not before this Court. Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. She relies on the case dairy and the statements of witnesses. According to the statements of the witnesses contained at pages 7 and 80 of the case diary, the specific role of the present petitioner, along with the other co-accused, namely Munna Modak, has been mentioned. Moreover, the co-accused, who were granted anticipatory bail were female members of the household. Considering the above, the other incriminating materials available in the case diary and the alleged role ascribed to the present 2 petitioner, I do not consider this to be a fit case for granting anticipatory bail. The application for anticipatory bail 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.)