Calcutta High Court

CRM (A)/2209/2026 of RITAN MONDAL AND ANR. Vs STATE OF WEST BENGAL on 17 August 2026

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Sl. No.43 Ct. 446/tkm C. R. M. ( A ) 2209 of 2026 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Domkal Police Station Case No.837 of 2025 dated 28.09.2025 under sections 103(1)/126(2)/118(2)/3(5) of BNS 2023 And

17.08.2026

Sl. No.43

Ct. 446/tkm

C. R. M. (A) 2209 of 2026

In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Domkal Police Station Case No.837 of 2025 dated 28.09.2025 under sections 103(1)/126(2)/118(2)/3(5) of BNS 2023

And

In Re: Ritan Mondal & Anr.

… … Petitioners

Mr. Ankan Das

Ms. S Ghosh

Ms. Payel Das

… … for the petitioners

Mr. Brajesh Jha

Mr. Narayan Debnath

… … for the State

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1. Learned Advocate for the petitioners submits that there is no eye- witness to the incident and none has seen the present petitioners committing the alleged offence. Charge-sheet has already been submitted. Initially, 12 persons were named as accused in the FIR. Subsequently, some of the persons were discharged from the case. He submits that, since the charge-sheet has been submitted in the present case, the benefit under Section 482 of the BNSS can be extended in favour of the petitioners.

2. Learned Advocate for the State produces the case diary and Memo of Evidence and opposes the prayer for anticipatory bail. He submits that, from the dying declaration, it would be evident that, before the victim succumbed to his injuries, he disclosed the names of both the petitioners as his assailants.

3. Heard the learned Advocates for the respective parties and perused the CD and other materials on record, including the post- mortem report. The post-mortem report suggests that the victim suffered multiple chop injuries on his body and that the death

2 was homicidal in nature. Prima facie, it appears that, before his demise, the victim disclosed the names of the petitioners as his assailants. Taking note of this fact, I am of the view that it would not be apposite to extend the privilege under Section 482 of the BNSS in favour of the petitioners.

4. Accordingly, prayer for anticipatory bail is rejected.

(Partha Sarathi Chatterjee, J.)

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