Calcutta High Court
CRM(R)/99/2026 of RUPESH JAISWAL Vs STATE OF WEST BENGAL on 23 September 2026
Court No.35. D/L. 52. Kausik (Allowed) CRM (R) 99 of 2026 In Re: An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 439 of the Code of Criminal Procedure, 1973 in connection with Malipanchghara Police Station Case No. 197 of 2025 dated 27.07.2025
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23.09.2026 Court No.35. D/L. 52. Kausik (Allowed)
CRM (R) 99 of 2026
In Re: An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 439 of the Code of Criminal Procedure, 1973 in connection with Malipanchghara Police Station Case No. 197 of 2025 dated 27.07.2025 under sections 318(4)/316(2)/3(5) of the BNS, 2023.
And In the matter of : Rupesh Jaiswal
……Petitioner.
Mr. Amitabha Ghosh
……for the Petitioner.
Mr. Karan Dudhwewala
Mr. Pranav Sharma
Mr. Arka Biswas
…..for the Defacto Complainant.
Mrs. Soma Mishra Chakraborty
Ms. Pritha Sinha
……for the State.
Learned advocate appearing for the petitioner submits petitioner is in custody for more than 40 days. The background of the case according to the petitioner is that, in lieu of purchase of gold ornaments a cheque was issued by the present petitioner. The cheque dishonoured, consequent to which FIR was registered and the petitioner was subsequently taken into custody in connection with the investigation of the said case on 12th August, 2026.
Learned advocate for the defacto complainant opposes the prayer for bail and submits that the wife of the petitioner has not been cooperating with the police authorities.
State has opposed the prayer for bail.
I have taken into account the materials available in the case diary and I find that there is gross non-compliance of the judgment of the Hon’ble Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation & Anr. (Special Leave Petition (Crl.) No. 5191 of 2021)
Having regard to the fact that the prescribed punishment are below 7 years, I am inclined to release the petitioner on bail. Accordingly, prayer for bail of the petitioner is allowed. As such, petitioner, namely Rupesh Jaiswal be enlarged on bail subject to 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 CJM, Howrah.
If on bail, petitioner shall co-operate with the investigation of the case and make himself available as and when called for.
Accordingly, CRM (R) 99 of 2026 is allowed.
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.)