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Calcutta High CourtCRM (A)/470/2026rejected

Monmohan Mandal v. State Of West Bengal

2026-03-30Hon'Ble Justice Jay Sengupta2 pages

AD 25 March 30, 2026 Ct. 28 SG CRM(A) 470 of 2026 Reject An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Basirhat P.S. Case No.1132 of 2025 dated 27.11.2025 under Sections 319(2)/318(2)/316(2)/3(5) of the BNS. And In the matter of: Monmohan Mandal ... petitioner Mr. Mrityunjoy Chatterjee Ms. Suchismita Chakraborty Mr. Prem Raj Sharma ... for the petitioner Ms. Faria Hossain, ld. APP Ms. Mousumi Sarkar ... for the State Supplementary affidavit filed by the petitioner is taken on record.

Learned counsel for the petitioner submits that the petitioner was a medical technician who rendered services at different hospitals. After leaving his earlier job, he joined another hospital and was also doing freelance work. The petitioner was paid Rs.15,00/- for rendering services in the present matter. He has returned the same. The petitioner has been falsely implicated in this case.

Learned counsel for the State opposes the prayer for anticipatory bail, refers to the statement of the victim recorded before the learned Magistrate, which implicates the petitioner as well as the owner of the hospital. She submits that it is alleged that although the petitioner was not a qualified doctor, he acted as a doctor and performed surgery.

She also refers to a prescription given by the present petitioner. Copy of the same is present at page 26 of the case diary, wherein he represented himself as an M.B.B.S., M.S (General Surgeon).

Considering the above and the other incriminating materials available in the case diary, 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 copy of this order, if applied for, be supplied to the parties upon compliance of requisite formalities.

[ (Jay Sengupta, J.)