Dibbendu Bar And ORS v. State Of West Bengal

15.06.2026 Sl. No.73 NB CRM (A) 1564 of 2026 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Nazat PS Case No.364/2026 dated 23.05.2026 under Sections 448/427/506/34 of the Indian Penal Code.

And In the matter of: Dibbendu Bar & Ors.

.

... petitioners Mr. Soupal Chatterjee, Ms. Madhumita Chatterjee.

...for the petitioners.

Mr. Sankalpa Bhattacharjee ....for the State.

Report filed on behalf of the State is taken on record. Learned counsel appearing on behalf of the petitioners submits as follows. The petitioners have been falsely implicated in this case due to political grudge. For an incident that allegedly took place after the declaration of election results in 2021, the FIR was lodged only on 23.05.2026.

Learned counsel appearing on behalf of the State relies on the case diary and opposes the prayer for anticipatory bail. It is alleged that as a part of post poll violence, the petitioners, being supporters of the political dispensation in power at that time, attacked the houses of the victims and vandalized them. They even threatened the victims with murder. The area was dominated by a local mafia don and therefore it was quite natural that the de facto complainant could not muster the courage to lodge an FIR at that time. He relies on the statements of witnesses. Several cases relating to post poll violence

have been registered against the local miscreants. Moreover, the petitioners did not comply with the notice issued. 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 to the present petitioners. The application for anticipatory bail of the petitioners 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.)