No. 612 of 2026 · Calcutta High Court

Mr. Asraf Mondal Mr. Prabir Majumder Ms. Anindita Kundu ……Petitioners. ......for the Petitioners. ......for the De-facto complainant Mr. Krishnendu Bhattacharya, Ld. APP Ms. Priti Kar Bagchi ……for the State. Learned advocate appearing for the petitioners submit that petitioners are innocent and there was a scuffle, consequent to which the victim’s suffered injuries. It has been submitted that the petitioners and their associates also suffered injuries. There has been case registered and the present is a counter case. Learned advocate appearing for the State opposes the prayer for bail and produces the Case Diary, referred to the injury report. I find that, so far as the petitioner nos. 1 and 2 are concerned, their names are appearing in the statement of the injured as the persons who are involved in certain overt acts. Accordingly, prayer for anticipatory bail of the petitioner nos. 1 and 2 namely, Santosh Biswas and Avijit Biswas is rejected. 2 So far as the petitioner no.3 is concerned, he was present at the spot, however, prima facie reflect that there are no overt acts attributed to the petitioner no.3. As such, prayer for anticipatory bail of the petitioner no. 3 namely, Shyamapada Biswas is allowed. As such, in the event of arrest, the petitioner no. 3 shall be released on bail to the satisfaction of the Arresting Officer on such terms and conditions as he deems fit and proper 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 Bharatiya Nagarik Suraksha Sanhita, 2023. As the investigation of the case is still in progress, the petitioner no.3 shall report to the Investigating Officer of the case within a period of ten days and thereafter, on all subsequent dates fixed by the Investigating Officer of the case for the sake of investigation till the report in final form is submitted before the jurisdictional Court. With the aforesaid observations, CRM (A) 2646 of 2026 is partly allowed. Report submitted by the State be kept with the record. 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.)