CRM(R)/22/2025 of ANIMA ACHARYA Vs STATE OF WEST BENGAL AND ANR on 18 September 2026

18.09.2026

IN THE HIGH COURT AT CALCUTTA Item No.5

CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc.

C.R.M. (R) 22 of 2025

Anima Acharya

versus

The State of West Bengal & Anr.

In Re: An Application for cancellation of bail under Section 439(2) of the Code of Criminal Procedure, 1973 read with Section 483(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Mr. Ritzu Ghosal, Sr. Adv., Mr. Abhra Jena, Mr. Anirban Ghosh

… For the Petitioner.

Mr. Amartya Ghosh, Ms. Moumita Pandit

… For the State.

Mr. Avik Ghatak, Mr. Rahul Kumar Singh

… For the Opposite Party No.2.

Learned advocate appearing for the petitioner expresses his grievance that after the addition of Sections 307/326 of the Indian Penal Code there was no judicial application of mind by the learned Magistrate when the same was brought to the notice of the learned Chief Judicial Magistrate, Howrah. Learned advocate appearing for the opposite party no.2, on the other hand, submits that opposite party no.2 was earlier on bail and at the stage when the opposite party no.2 was on bail, the offences were bailable. Learned advocate submits that accused/opposite party no.2 was granted bail on 28.07.2023 and the addition of Sections was pursuant to the order passed by the Hon’ble High Court, Calcutta.

Petitioner has been able to demonstrate that at the juncture of addition of sections which portray sessions triable offences, it was incumbent upon the accused/opposite party no.2 after the addition of Sections to appear before the court for fresh consideration of bail. Petitioner intends to refer to the judgements/precedent to that effect pronounced by the Hon’ble Supreme Court. I find that the case was registered in the year 2023. The issue was twice considered by the learned Chief Judicial Magistrate, Howrah. I am of the opinion that a reconsideration is required relating to the issue of bail after addition of sections and the continuation of bail initially granted when the offences were bailable. To that effect, I direct the learned Chief Judicial Magistrate, Howrah to revisit and reconsider the issue relating to bail. The earlier order of bail is modified and is restricted till 14.12.2026. In the meantime, petitioner would appear through her learned advocate and opposite party no.2 would appear physically before the learned Chief Judicial Magistrate, Howrah or the jurisdictional court in seisin of the case on 30.09.2026. The learned Chief Judicial Magistrate, Howrah or the jurisdictional court in seisin of the case thereafter would fix dates for hearing of the grievance of the present petitioner and dispose of the application filed, if any, by 07.12.2026. Needless to state that this Court has not delved deep into the merits of the case and it would be the absolute onus of the learned Chief Judicial Magistrate, Howrah to arrive at his independent findings.

State is directed to produce the case diary and all relevant records before the learned Chief Judicial Magistrate, Howrah or the jurisdictional court in seisin of the case, if required on an application by the respective parties and copies of the same be shared with the respective parties. Report submitted by the learned advocate appearing for the State be kept with the record. With the aforesaid observations, the application for cancellation of bail being CRM (R) 22 of 2025 is disposed of. All concerned parties shall act on the server copy of this order duly 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.)