← Library
Calcutta High CourtCRM (A)/281/2026allowed

Md Idrish Ali @ Idrish Ali v. State Of West Bengal And ANR

2026-02-06Hon'Ble Justice Jay Sengupta2 pages

06.02.2026 Sl. No.73 Ct. 28 NB C.R.M (A) 281 of 2026 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Islampur PS Case No.658/2025 dated 24.06.2025 under Sections 126(2)/115(2)/118(2)/109/303(2)/74/351(3)/3(5) of Bharatiya Nyaya Sanhita, 2023.

And In the matter of: Md. Idrish Ali @ Idrish Ali ... petitioner Mr. Shraman Sarkar, Md. Tehasis Reja, Sk. Syed Ahamed.

...for the petitioner.

Mr. Prasun Kr. Datta, Ms. Rita Datta.

...for the State.

Learned counsel appearing on behalf of the petitioner submits that the petitioner is the son in law of the principal accused and did not even stay near the place of occurrence. Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. He relies on the statements of the victim and other witnesses and the injury report. The principal accused was arrested and was granted bail. Charge sheet has been submitted.

Considering the above, the other materials available in the case diary, the fact that the principal accused after arrest was granted bail, the alleged role ascribed to the present petitioner and the fact that charge sheet has already been submitted, I am inclined to grant anticipatory bail to the present petitioner.

Accordingly, in the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of Arresting Officer and subject to the conditions as laid down under Section 438 of the Code of Criminal Procedure, corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita and on further condition that the petitioner shall not threaten or intimidate witnesses or tamper with evidence in any manner whatsoever and shall surrender before the learned jurisdictional Court and pray for bail within four weeks from this date and shall attend the jurisdictional Court regularly. The application for anticipatory bail is, thus, disposed of. Urgent photostat certified copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all formalities.

(Jay Sengupta, J.)