Calcutta High Court (Appellete Side)
Kishore Ghosh vs The State Of West Bengal on 27 July, 2026
Author: Tirthankar Ghosh
Bench: Tirthankar Ghosh
D/L644 27.07.2026
Bpg.
C.R.M. (A) 2244 of 2026
Allowed
In Re: An application for anticipatory bail under Section 482 of the
Bharatiya Nagarik Suraksha Sanhita(BNSS), 2023, corresponding to
section 438 of the Criminal Procedure Code, 1973 filed in connection
with Rishra Police Station Case No.177 of 2026 dated 02.07.2026 under
Sections 126(2)/115(2)/117(2)/271/308(2)/316(2)/318(4)/329(3)/
336(2)/351(3)/352/61(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023;
Kishore Ghosh
Versus
The State of West Bengal
Mr. Kalyan Bandopadhyay
Mr. Rahul Kumar Singh
Mr. Md. Danish Farooqui.
…for the petitioner.
Mr. Amartya Ghose
Mr. Utsav Dutta.
…for the State.
Learned senior advocate appearing for the petitioner
submits that the petitioner has been implicated on the basis of
accusations which do not have any foundational facts and the same
is because of change in administration. Petitioner is still the
councilor of the local municipality who has been foisted with the
present case.
Learned advocate appearing for the State opposes the
prayer for bail and submits that there are incidents which the local
people did not have courage to complain the police authorities.
I have taken into account the materials appearing in the
case diary and I find from the relevant statements appearing in the
2
present case is in respect of incident of 2022. Having considered the
same, I hold that the investigation of the case may continue but
custodial detention of the present petitioner may not be warranted
in the facts of the present case. As such, the prayer for anticipatory
bail of the petitioner is allowed.
Accordingly, in the event of arrest, the petitioner, namely,
Kishore Ghosh shall be released on bail to the satisfaction of the
Arresting Officer and also be subject to the conditions as laid down
under Section 438 (2) of the Code of Criminal Procedure
corresponding to Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
As the investigation of the case is in progress, petitioner
shall within a period of 10 days meet with the investigating officer of
the case and subsequently make himself available as and when
called for by the investigating officer of the case.
Thus, CRM(A)2244 of 2026 is allowed.
All 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 of all requisite
formalities.
(Tirthankar Ghosh, J.)
