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Calcutta High CourtCRM (A)/1009/2026allowed

Babar Mallick v. State Of West Bengal

2026-04-01Hon'Ble Justice Jay Sengupta2 pages

AD 20 April 1, 2026 Ct. 28 SG CRM(A) 1009 of 2026 Allowed An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Haripal P.S. Case No.82 of 2026 dated 09.02.2026 under Section 316(2) of the BNS, 2023.

And In the matter of: Babar Mallick ... petitioner Mr. Sagnik Mukherjee Mr. Fahad Imam Mr. Saptaswajit Kar ... for the petitioner Mr. Sanjoy Bardhan Ms. Ratna Ghosh ... for the State Learned counsel for the petitioner submits that the petitioner is only a guarantor to a loan transaction. There was an alleged default in repayment of loan. Proceedings were initiated against the defaulter. In fact, part payments have been made by the said defaulter.

Learned counsel for the State opposes the prayer for anticipatory bail and submits that the main allegations are against the loan defaulter, one Sk. Noor Islam. Considering the above, the other materials available in the case diary and the alleged role ascribed to the present petitioner, I do not think that custodial interrogation of the petitioner is required in this case and I am inclined to grant anticipatory bail to the petitioner.

In the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (rupees ten thousand) 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 the further conditions that the petitioner shall cooperate with the investigation, shall meet the investigating officer once a fortnight till submission of report in final form and shall not threaten or intimidate witnesses.

The application for anticipatory bail is, thus, allowed. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of requisite formalities.

(Jay Sengupta, J.)