07.08.2026 Court No.35. D/L. 827. Kausik (Dismissed) CRM (A) 1968 of 2026 In Re: An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure, 1973/Under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Muchipara Police Station Case No. 110 of 2026 dated June 03, 2026 under Section 342(5)/329(4)/351(2)/6(1) of the BNS, 2023. And In the matter of : Debasish Banerjee ……Petitioner. Mr. Sabyasachi Banerjee, Sr. Adv. Ms. Diksha Ghosh Ms. Ilika Nag ……for the Petitioner. Ms. Susmita Mondal Ms. Sulagna Sarkar ….for the Defacto Complainiant. Mr. Kallol Mondal, PP Mr. Pritam Roy Mr. Somnath Bera Mr. Sreyash Kumar Singh ….for the State. Learned Senior Advocate appearing for the petitioner submits that petitioner has been foisted with two criminal cases after there has been a change in administration. Petitioner is innocent and the factual background which has been portrayed by the prosecution/investigating agency was in respect of a room, within a college premises, which was within the domain of the police authorities since the declaration of the elections and usage of the same by the police or the paramilitary authorities. There are seizures which have been made by breaking open the door. However the petitioner has no control over the room which is part of the college premises. 2

Police authorities have referred to seizure of one arms and other alleged incriminating materials which do not connect the present petitioner with the offences complained of. Emphasis have been made by the learned advocate, on issues relating to political vendetta and the obvious reason for naming the petitioner in the FIR. Learned Public Prosecutor on behalf of the State submits that petitioner has 11 criminal cases against him ranging from the year 2010 till the year 2017. The list of cases are as follows: Sl. Case Reference Present Status No. 1. Muchipara PS Case No. 188 Charge sheeted on dt-28.04.12 u/s- 04.06.21 as (Absconding) 341/323/506 (ii)/427/34 IPC 2. Muchipara PS Case No. 617 Charge sheeted on dt. 16/11/11 u/s- 02.10.12. (For 341/323/324/427/34 IPC. Appearance in the court of Ld. 16th JM Court, Calcutta) 3. Muchipara PS Case No.-349 Charge sheeted on dt-04/07/11 u/s- 12.10.11. (Charge in the 341/427/34 IPC. court of Ld. 16th JM Court) 4. Muchipara PS Case No. 81 dt- Charge sheeted on 27/02/13 u/s 09.01.2019. (Otherwise 308/304/109/427 IPC, disposed on 04.12.2025 11C/11J/11L & 12 WBFS in the court of Ld. 19th Act. JM Court, Calcutta.) 5. Sec-1 C/NO-81 dt. 17/02/14 Charge sheeted on u/s-324/427/506/379/114 18.06.14. IPC. 6. Muchipara PS Case No.-189 Charge sheeted on dt-28/04/12 u/s- 12.06.13. (Supply of 324/307/427/34, 25(18)(a) copies next date Arms Act. 18.08.2026 in the court of Ld. 16th JM Court, 3 Calcutta).

7. Muchipara PS Case No. 322 Charge sheeted on dt. 22/06/10 u/s- 23.09.2010 (Warrant 341/324/427/114 IPC next date-20.08.2026 in the court of 16th JM Court, Calcutta). 8. Muchipara PS Case No. 368 Charge sheeted on dt. 13/09/14 u/s- 23.01.16. (For 147/148/149/323/324/354/ appearance Next Date-427/379 IPC. 17.07.2026 in the Court of Ld. 19th JM Court) 9. Muchipara PS Case No. 288 Charge sheeted on dt-09/08/17 u/s- 30.11.18. (Acquitted on 341/323/504/114 IPC. 07.12.2023 in the Court of Ld. 19th JM Court, Calcutta) 10. Muchipara PS case no. 126 Investigation is on dt. 04.07.2026 u/s- 74/79 progress. B.N.S. 11. Ref: Muchipara PS case no: Investigation is on 127 dt. 05.07.2026 u/s- progress. 61(2)/79/308(4)/356(3)/351( 3) BNS. It has been submitted that because of the clout of the present petitioner, no criminal cases were earlier registered during 2017 to 2025. A reign of terror was operated at the behest of the present petitioner in and around the locality of the college premises which was registered with the change of administration, the principal of the college was compelled to complain, pursuant to which seizures were effected. The seizures i.e. arms and admit cards of PSC exam which were effected in connection with the instant case do call for custodial detention of the present petitioner. Learned advocate for the defacto complainant is present and opposes the prayer advanced by the petitioner. 4

I have taken into account the statements of the learned Senior advocate appearing for the petitioner as well as the learned Public Prosecutor. The investigation of the present case is at the nascent stage after the incriminating materials which were recovered by the State. There are antecedents of the present petitioner and some of the incriminating materials, which have been recovered in the present case, require verification or cross-checking by the investigating agency by taking the accused in custody. It appears from the materials collected by the investigating agency that the petitioner forcefully occupied a room of college and used it for questionable purposes. As such, I am not inclined to grant the relief as prayed for. Consequently, the prayer for anticipatory bail in CRM (A) 1968 of 2026 is dismissed. Memo of Evidence submitted 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.)

07.08.2026 Court No.35. D/L. 827. Kausik (Dismissed) CRM (A) 1968 of 2026 In Re: An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure, 1973/Under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Muchipara Police Station Case No. 110 of 2026 dated June 03, 2026 under Section 342(5)/329(4)/351(2)/6(1) of the BNS, 2023. And In the matter of : Debasish Banerjee ……Petitioner. Mr. Sabyasachi Banerjee, Sr. Adv. Ms. Diksha Ghosh Ms. Ilika Nag ……for the Petitioner. Ms. Susmita Mondal Ms. Sulagna Sarkar ….for the Defacto Complainiant. Mr. Kallol Mondal, PP Mr. Pritam Roy Mr. Somnath Bera Mr. Sreyash Kumar Singh ….for the State. Learned Senior Advocate appearing for the petitioner submits that petitioner has been foisted with two criminal cases after there has been a change in administration. Petitioner is innocent and the factual background which has been portrayed by the prosecution/investigating agency was in respect of a room, within a college premises, which was within the domain of the police authorities since the declaration of the elections and usage of the same by the police or the paramilitary authorities. There are seizures which have been made by breaking open the door. However the petitioner has no control over the room which is part of the college premises. 2

Police authorities have referred to seizure of one arms and other alleged incriminating materials which do not connect the present petitioner with the offences complained of. Emphasis have been made by the learned advocate, on issues relating to political vendetta and the obvious reason for naming the petitioner in the FIR. Learned Public Prosecutor on behalf of the State submits that petitioner has 11 criminal cases against him ranging from the year 2010 till the year 2017. The list of cases are as follows: Sl. Case Reference Present Status No. 1. Muchipara PS Case No. 188 Charge sheeted on dt-28.04.12 u/s- 04.06.21 as (Absconding) 341/323/506 (ii)/427/34 IPC 2. Muchipara PS Case No. 617 Charge sheeted on dt. 16/11/11 u/s- 02.10.12. (For 341/323/324/427/34 IPC. Appearance in the court of Ld. 16th JM Court, Calcutta) 3. Muchipara PS Case No.-349 Charge sheeted on dt-04/07/11 u/s- 12.10.11. (Charge in the 341/427/34 IPC. court of Ld. 16th JM Court) 4. Muchipara PS Case No. 81 dt- Charge sheeted on 27/02/13 u/s 09.01.2019. (Otherwise 308/304/109/427 IPC, disposed on 04.12.2025 11C/11J/11L & 12 WBFS in the court of Ld. 19th Act. JM Court, Calcutta.) 5. Sec-1 C/NO-81 dt. 17/02/14 Charge sheeted on u/s-324/427/506/379/114 18.06.14. IPC. 6. Muchipara PS Case No.-189 Charge sheeted on dt-28/04/12 u/s- 12.06.13. (Supply of 324/307/427/34, 25(18)(a) copies next date Arms Act. 18.08.2026 in the court of Ld. 16th JM Court, 3 Calcutta).

7. Muchipara PS Case No. 322 Charge sheeted on dt. 22/06/10 u/s- 23.09.2010 (Warrant 341/324/427/114 IPC next date-20.08.2026 in the court of 16th JM Court, Calcutta). 8. Muchipara PS Case No. 368 Charge sheeted on dt. 13/09/14 u/s- 23.01.16. (For 147/148/149/323/324/354/ appearance Next Date-427/379 IPC. 17.07.2026 in the Court of Ld. 19th JM Court) 9. Muchipara PS Case No. 288 Charge sheeted on dt-09/08/17 u/s- 30.11.18. (Acquitted on 341/323/504/114 IPC. 07.12.2023 in the Court of Ld. 19th JM Court, Calcutta) 10. Muchipara PS case no. 126 Investigation is on dt. 04.07.2026 u/s- 74/79 progress. B.N.S. 11. Ref: Muchipara PS case no: Investigation is on 127 dt. 05.07.2026 u/s- progress. 61(2)/79/308(4)/356(3)/351( 3) BNS. It has been submitted that because of the clout of the present petitioner, no criminal cases were earlier registered during 2017 to 2025. A reign of terror was operated at the behest of the present petitioner in and around the locality of the college premises which was registered with the change of administration, the principal of the college was compelled to complain, pursuant to which seizures were effected. The seizures i.e. arms and admit cards of PSC exam which were effected in connection with the instant case do call for custodial detention of the present petitioner. Learned advocate for the defacto complainant is present and opposes the prayer advanced by the petitioner. 4

I have taken into account the statements of the learned Senior advocate appearing for the petitioner as well as the learned Public Prosecutor. The investigation of the present case is at the nascent stage after the incriminating materials which were recovered by the State. There are antecedents of the present petitioner and some of the incriminating materials, which have been recovered in the present case, require verification or cross-checking by the investigating agency by taking the accused in custody. It appears from the materials collected by the investigating agency that the petitioner forcefully occupied a room of college and used it for questionable purposes. As such, I am not inclined to grant the relief as prayed for. Consequently, the prayer for anticipatory bail in CRM (A) 1968 of 2026 is dismissed. Memo of Evidence submitted 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.)