Calcutta High Court
CRM(M)/1028/2026 of ABHROJYOTI GHOSH @ MADAN AND ANR. Vs STATE OF WEST BENGAL on 30 September 2026
30.09.2026 Rohit, A.R.(Ct.) ct.no.35 Partly Allowed IN THE HIGH COURT AT CALCUTTA CRIMINAL MISCELLANEOUS JURISDICTION APPELLATE SIDE C.R.M (M) 1028 of 2026 Abhrojyoti Ghosh @ Madan & Anr. Vs The State of West Bengal In Re: An Application for Bail under Section 439 of the Code of Criminal
D/L 1043
30.09.2026
Rohit, A.R.(Ct.)
ct.no.35
Partly
Allowed
IN THE HIGH COURT AT CALCUTTA
CRIMINAL MISCELLANEOUS JURISDICTION
APPELLATE SIDE
C.R.M (M) 1028 of 2026
Abhrojyoti Ghosh @ Madan & Anr.
Vs
The State of West Bengal
In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/ Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Swarupnagar Police Station Case No. 128 of 2025 dated 05.03.2025 under Sections 126(2)/103(1)/304(2)/3(5) of the BNS, 2023 and Sections 25/27 of the Arms Act adding Sections 310(3)/317(3) of the BNS, 2023
And
In the matter of : 1. Abhrojyoti Ghosh @ Madan
2. Anupam Sana
……Petitioners.
Mr. Sekhar Kr. Basu, Sr. Adv
Mr. Nilavo Bose
Mr. Pritam Chakraborty
…for the Petitioners
Mr. L. Vishal Kumar
Mr. Sanjib Das
…for the State
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1. Report has been submitted which reflects that till date the report of CFDEEL has not been made available to the Investigating Agency. Since the case is of the year 2025 and the exhibits were sent to the CFDEEL on 8th May, 2025, I direct that the concerned department will give priority to furnish the report before the jurisdictional Court through the Investigating Officer of the case within a period of four weeks from date by 30th October, 2026.
2. I have taken into account the merits of the case as also the attending circumstances. So far as recoveries are concerned since there were recoveries of arms and motorcycles from the petitioner no.1, namely, Abhrojyoti Ghosh @ Madan and no finding has been till date arrived at relating to the mobile phone which has been seized so benefit is granted to Anupam Sana considering the materials which have been collected. Accordingly, prayer for bail of the petitioner no. 2, namely, Anupam Sana is allowed. So far as petitioner no.1, namely, Abhrojyoti Ghosh @ Madan is concerned his prayer for bail is rejected.
3. Accordingly, the prayer for bail of the petitioner no. 2, namely, Anupam Sana is allowed. The petitioner no.2, namely, Anupam Sana shall be released on bail upon furnishing bond of Rs. 20,000/- (Rupees Twenty Thousand Only) with two sureties of Rs. 10,000/- (Rupees Ten Thousand Only) each, one of whom must be local to the satisfaction of Learned Additional Chief Judicial Magistrate, Basirhat, North 24 Parganas.
4. If on bail, the petitioner shall be physically present on each and every date before the learned Trial Court and shall not leave the district of North 24 Parganas without prior permission of the learned Trial Court. Additionally, petitioner no.2, namely, Anupam Sana shall meet with the Investigating Officer of the case once in every ten days till the evidence of the vulnerable witnesses are over.
5. If there are any violation of the conditions and there are accusations that the petitioner is exerting his influence, in that case the learned jurisdictional Court would be at liberty to cancel the bail without further reference.
6. With the aforesaid observation, C.R.M (M) 1028 of 2026 is partly allowed.
7. Report submitted by the State be kept with the record.
8. The Investigating Officer of the case is present in Court. His further appearance before this Court is dispensed with.
9. All parties shall act in terms of server copy of the order downloaded from the Official website of this Court.
10. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.
(Tirthankar Ghosh, J.)