Calcutta High Court
Surajit Barman @ Mahabir & Ors. v. State of West Bengal & Anr.
CRM (A)/2674/2026
- Decision date
- 2026-08-20
- Text availability
- Full text
- Judges
- Tirthankar Ghosh
Source: Indian High Court Judgments, AWS Open Data (CC BY 4.0) ↗
Connected provisions and cases
No further provision or case links are recorded.
Judgment text
20.08.2026 Court No.35. D/L.609. Rakib (Allowed) CRM (A) 2674 of 2026 In Re: An Application for Anticipatory Bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Hingalganj Police Station case no. 162 of 2026 dated 25.05.2026 under Sections 447 /448 /323 /235 /254B /427 /308 /379 /376/511/420/406/120B/34 of the Indian Penal Code, 1860. And In the matter of : Surajit Barman @ Mahabir & Ors. ……Petitioners. Mr. Soumik Ganguli ......for the Petitioners. Mr. Gurudas Mitra Mr. Utsav Dutta ……for the State. Learned advocate appearing for the petitioners submit that the incident relate to the year 2021 and the same has been registered out of a political vendetta and with the change in administration. Learned advocate appearing for the State has produced the Case Diary and referred to the statement of the victim under Section 164 of the Cr.P.C. I have taken into account the accusations of the lady which is of the year 2021. There are specific allegations of being ravished by the present petitioners which relate to the year 2021. However, the grounds for which the victim complains that she could not inform to the police station are debatable. However, the investigation of the case may continue but custodial detention of the present petitioners is unwarranted. Accordingly, the prayer for anticipatory bail of the petitioners namely, Surajit Barman @ Mahabir; Suman Barman; Abhitosh Barman is allowed. 2
As such, in the event of arrest, the petitioners shall be released on bail to the satisfaction of the Arresting Officer on such terms and conditions as he deems fit and proper 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 Bharatiya Nagarik Suraksha Sanhita, 2023. As the investigation of the case is still in progress, the petitioners, within a period of ten days from date, shall make themselves available before the Investigating Officer of the case and thereafter, the Investigating Officer of the case, if required, would fix subsequent dates for presence of the petitioners for the sake of investigation. With the aforesaid observations, CRM (A) 2674 of 2026 is allowed. Memo of evidence submitted by the State 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.)