Dulu MD and Anr. Vs the State of West Bengal

30.07.2026 Item No.15 Court No.11 (GB)

Calcutta High Court In the Circuit Bench at Jalpaiguri

CRM (A) 541 of 2026

In Re: - An application for anticipatory bail under section 438 of the Code of Criminal Procedure, 1973/Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Rajganj Police Station Case No.139 of 2026 dated 25.04.2026 under Sections 420/465/467/468/471 of the B.N.S. 2023.

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And

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In the matter of: Dulu Md. & Anr.

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….Petitioners.

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Mr. Jaydeep Kanta Bhowmik, Mr. Sayantan Bhowmik, Mr. Shubham Kumar, Ms. Priti Das

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…for the Petitioners.

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Mr. Janardan Periwal, Mr. Kallal Ghosh, Mr. Tapas Prasad

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… for the State.

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1. The petitioners pray for pre-arrest bail in connection with Rajganj Police Station Case No.139 of 2026 dated 25.04.2026 under Sections 420/465/467/468/471 of the B.N.S. 2023.

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The petitioners are the end purchasers of a piece of land over which the de facto complainants claim right, title and interest by virtue of purchase in 2018. According to the petitioners, the same land which was purchased by the de facto complainants, had been sold to the petitioners by one Jiarul Haque. They were not parties to any conspiracy theory with regard to any racket.

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It appears from the FIR that the de facto complainants alleged that on the basis of the some false and fabricated deeds of conveyance, the petitioners as also the other FIR named accused persons were disturbing

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2

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the possession of the de facto complainants. It is to be recorded that the petitioners also purchased the land by a registered deed of sale.

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Learned advocate for the State submits that the investigation is going on and it appears that no money had changed hands when the petitioners had purchased the property. From the trend of the complaint it appears that the property had changed successive hands, by way of registered deeds of conveyances.

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Such deeds have a presumption of correctness unless cancelled by a proper forum. The State is required to investigate and find out whether the deeds were actually executed in the manner prescribed by law and by genuine persons or whether the deeds were forged or fraudulently executed. For such investigation, in my opinion, custodial interrogation of the last purchasers will not be necessary.

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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 petitioners shall meet the investigating officer once a week and cooperate till conclusion of the investigation and shall not intimidate witnesses or tamper with evidence in any manner whatsoever. The petitioners shall not enter the jurisdiction of the Rajganj Police Station, except for the purpose of meeting the investigating officer.

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In case the petitioners fail to adhere to any of the conditions stated above, the learned jurisdictional court shall be entitled to cancel the bail without further reference to this court.

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The application for anticipatory bail is, thus, allowed and disposed of.

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All the parties are directed to act on the basis of the server copy of this

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order.

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(Shampa Sarkar, J.)

Dulu MD and Anr. v. the State of West Bengal

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Dulu MD and Anr. v. the State of West Bengal

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