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Calcutta High CourtCRM (A)/3996/2025partly allowed

Shyamal Nandi And ANR. v. State Of West Bengal

2026-01-06Hon'Ble Justice Jay Sengupta2 pages

06.01.2026 Court No.28 Item No.28 tbsr Partly Allowed CRM (A) 3996 of 2025 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Pandua P.S. Case No.767 of 2025 dated 12.10.2025 under Sections 316(2)/318(4)/351(2)/352/3(5) of the Bharatiya Nyaya Sanhita, 2023.

And In the matter of: Shyamal Nandi & Ors.

....Petitioners.

Ms. Jeenia Rudra ...for the petitioners.

Ms. Sreyashee Biswas Mr. Atif Ahmed Siddique .....for the State.

Learned counsel appearing on behalf of the petitioners submits as follows. The petitioners have been falsely implicated in this case. The money transaction in question was for a smaller amount and was not connected to any legal case.

Learned counsel appearing on behalf of the State strongly opposes the prayer for anticipatory bail. He relies on the report received from the Bar Council of West Bengal, which states that the petitioner no. 2 is not enrolled as an advocate. He further relies on the statements of the victim as contained in the FIR as well as other statements of witnesses. Reliance is also placed on the photograph of the car of the petitioner no. 2 displaying a sticker of an advocate and a board set up on his vehicle in this regard as well as payment records made by using UPI.

Considering the materials available in the case diary and the alleged roles ascribed to each of the petitioners, while I am inclined to grant anticipatory bail to the petitioner nos. 1, 3 and 4, the application for anticipatory bail of the petitioner no. 2. (Subrata Nandi) is rejected.

In the event of arrest, the petitioner nos. 1. (Shyamal Nandi), 3. (Basanti Nandi) and 4. (Ankita Pyne) shall be released on bail upon furnishing a bond of Rs.10,000/- each 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 further condition that the petitioner Nos. 1, 3 and 4 shall cooperate with investigation and shall not threaten or intimidate witnesses. The application for anticipatory bail is, thus, disposed of. Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for.

(Jay Sengupta, J.)