Calcutta High Court
CRM(A)/573/2026 of MONOJ KUMAR DEY@MONOJ KR DEY AND ANR Vs THE STATE OF WEST BENGAL on 30 July 2026
SL No.24 Court No.11 (gc) (Allowed) CALCUTTA HIGH COURT IN THE CIRCUIT BENCH
30.07.2026
SL No.24
Court No.11
(gc)
(Allowed)
CALCUTTA HIGH COURT
IN THE CIRCUIT BENCH AT JALPAIGURI
CRM (A) 573 of 2026
In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Dhupguri Police Station Case No.236 of 2026
dated
17.07.2026
under
Sections
109/118(1)/3(5)/303(2)/308(2)/324(5)/329(4)/351(2)
of
the
BNS, 2023.
And
In the matter of : Monoj Kumar Dey @ Monoj Kr. Dey & Anr.
- Petitioners.
Mr. Hillol Saha Podder
….For the Petitioners.
Mr. Avrojyoti Das, Ld. APP,
Mr. Reshab Kumar,
Mr. Nigam Mittal
… For the State.
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1. The petitioners pray for pre-arrest bail in connection with Dhupguri Police Station Case No.236 of 2026 dated 17.07.2026 under Sections 109/118(1)/3(5)/303(2)/308(2)/ 324(5)/329(4)/351(2) of the BNS, 2023 on the ground of false implication and political rivalry. It is stated that an incident of 2021 was reported in 2026. Moreover, as per the complaint, the victim had already expired by committing suicide. There is no allegation of abetment to commit suicide.
2. Learned Advocate for the State opposes the prayer for pre-arrest bail and produces the case diary and submits that because the
2 petitioners belong to the ruling party, the victim’s family was not in a position to lodge the FIR.
3. Having considered the nature of allegation, the delay in lodging the FIR and the time gap between the alleged incident and the date of complaint, the prayer for pre-arrest bail is allowed.
4. Accordingly, this Court directs that, in the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973, corresponding to Section 482(2) of the B.N.S.S. 2023. The petitioner no.1 shall meet the investigating officer once a fortnight. The petitioners will cooperate with the investigation. The petitioners shall not leave the jurisdiction of the Dhupguri Police Station. The petitioners shall not intimidate witnesses or tamper with evidence in any manner whatsoever.
5. In default, the jurisdictional court shall be at liberty to cancel the bail without further reference to this court.
6. The application for anticipatory bail is, thus, disposed of.
7. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.
(Shampa Sarkar, J.)