Calcutta High Court
CRM (A)/3125/2026 of UTPAL SARKAR Vs STATE OF WEST BENGAL on 1 October 2026
no. 24 [G.S.Das] Assistant Registrar (Court) CRM ( A ) 3125 of 2026 In re : An Application under Section 482 of the BNSS, 2023/under Section 438 of the Cr.P.C. in connection with English Bazar PS Cse no. 570 of 2026 dated 16.04.2026 u/s 126(2)/74/76 of the BNS. -And- In the matter of : Utpal
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01.10.2026 Serial no. 24 [G.S.Das] Assistant Registrar (Court)
CRM (A) 3125 of 2026
In re : An Application under Section 482 of the BNSS, 2023/under Section 438 of the Cr.P.C. in connection with English Bazar PS Cse no. 570 of 2026 dated 16.04.2026 u/s 126(2)/74/76 of the BNS.
-And-
In the matter of : Utpal Sarkar
… Petitioner(s)
Mr. Avinaba Patra Mr. Sourav Mukherjee
… for the petitioner(s)
Mr. Kalidas Saha Ms. Deblina Bhttacharjee
… for the State-respondent(s)
Learned advocate for the petitioner submits that the petitioner is a medical practitioner who has been foisted with the criminal case. State opposes the prayer for anticipatory bail and relies upon the statement of the victim. I have taken into account the provisions under which the petitioner has been implicated and the prescribed punishment therein. Although, a case has definitely been made out but custodial detention of the present petitioner is unwarranted in the facts of the case.
Hence, the prayer for anticipatory bail of the petitioner is Allowed. Accordingly, I direct that in the event of arrest, the petitioner [Utpal Sarkar] be released on anticipatory bail subject to the satisfaction of the arresting officer of the case and also subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and/or under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. As the investigation of the case is still in progress, the petitioner shall meet with the Investigating Officer of the case within a period of ten days from date and, thereafter, on all subsequent dates as would be fixed by the Investigating Officer of the case for the sake of investigation till the report in final form is submitted before the learned jurisdictional court. Accordingly, CRM (A) 3125 of 2026 is disposed of. Memo of evidence submitted be kept with the record. Parties to act on a server copy of this order duly collected from the official website of the Hon’ble High Court, Calcutta.
(Tirthankar Ghosh, J.)