Calcutta High Court
CRM(A)/567/2026 of ARCHENDU DEY AND ORS Vs THE STATE OF WEST BENGAL on 29 July 2026
SL No.24 Court No.11 (gc) (Allowed) CALCUTTA HIGH COURT IN THE CIRCUIT BENCH
29.07.2026
SL No.24
Court No.11
(gc)
(Allowed)
CALCUTTA HIGH COURT
IN THE CIRCUIT BENCH AT JALPAIGURI
CRM (A) 567 of 2026
In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Tufanganj Police Station Case No.268 of 2026
dated
16.05.2026
under
Sections
329(4)/303(2)/324(5)/351(2)/3(5) of the BNS, 2023.
And
In the matter of : Archendu Dey & Ors.
- Petitioners.
Mr. Hillol Saha Podder
….For the Petitioners.
Mr. Kallal Ghosh,
Ms. Baishali Chakrabarty,
Mr. Shyamal Barman
… For the State.
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1. The petitioners pray for pre-arrest bail in connection with Tufanganj Police Station Case No.268 of 2026 dated 16.05.2026 under Sections 329(4)/303(2)/324(5)/351(2)/3(5) of the BNS, 2023 on the ground of false implication. It is submitted that the first information report is the product of a longstanding political rivalry.
2. Learned Advocate for the State opposes the prayer for pre-arrest bail and produces the case diary.
3. Upon considering the materials in the case diary, it is found that allegations have been made that, on and from 2021, the petitioners attacked the de facto complainant after each and
2 every election, even those of the local bodies. No complaints were ever lodged. Ultimately, the complaint was filed for the first time after the Assembly Election of 2026. Thus, this Court is inclined to grant pre-arrest bail.
4. Accordingly, this Court directs that, in the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs.20,000/- 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 petitioners shall meet the investigating officer once a week. The petitioners shall not leave the jurisdiction of the Tufanganj 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.)