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Calcutta High CourtCRM (A)/1260/2026allowed

Mir Abed Ali And ORS. v. State Of West Bengal

2026-05-18Hon'Ble Justice Jay Sengupta2 pages

18/05/2026 D/L - 52 Court No.28 S. Kundu Allowed C.R.M.(A) 1260 of 2026 In Re: An application for anticipatory bail under Section 482 of the BNSS, 2023. In connection with Labpur P.S case no. 48 of 2026 dated 01/03/2026 under Sections 329(4)/117(2)/109(1)/351(2)/3(5) of the BNS.

In the matter of: Mir Abed Ali & Ors.

...Petitioners.

Ms. Trisha Rakshit ...for the petitioners.

Mr. Krishnendu Bhattacharyya ... Amicus.

1. Memo of evidence filed on behalf of the State is taken on record.

2. Learned counsel appearing on behalf of the petitioners submits as follows. The petitioner nos. 1 and 2 are the brothers of the de-facto complainant. There was a scuffle between the private parties over a land dispute. Both sides received injuries. None of the them was grievous in nature. There are case and counter case over the issue.

3. Learned Amicus assisting the State relies on the case diary and opposes the prayer for anticipatory bail. He refers to the statements of witnesses including those of the victims and to the injury reports, which, however, do not show infliction of any grievous injury.

4. Considering the above, the other materials available in the case diary and the fact that there are case and the counter case, I do not think that custodial interrogation

of the petitioners is required in this case and I am inclined to grant anticipatory bail to the petitioners.

5. 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 also be subject to further conditions that the petitioners shall cooperate with the investigation and shall not threaten or intimidate the witnesses. The petitioners shall meet the Investigating Officer once a week till submission of report in final form.

6. Accordingly, the application for anticipatory bail is allowed.

7. Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance with requisite formalities.

(Jay Sengupta, J.)