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Calcutta High CourtCRM (A)/1396/2026partly allowed

Abdul Wahyed @ Abdul Wahid And ORS. v. State Of West Bengal

2026-06-10Hon'Ble Justice Jay Sengupta2 pages

10.06.2026 Court No.28 Item No.49 ssi CRM (A) 1396 of 2026 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita in connection with Beldanga Police Station Case No. 200 of 2026 dated 06.04.2026 under Sections 109/117(2)/118(2)/329(4)/3(5) of the BNS 2023. And In the matter of: Abdul Wahyed @ Abdul Wahid & others. .... Petitioners Mr. Tapodip Gupta Mr. Suman Bhanja Mr. Golam Ahammed ...for the petitioners Mr. Krishnendu Bhattacharya Ms. Triparna Roy ..for the State Mr. Sandip Dinda ...for the de facto Learned counsel appearing on behalf of the petitioners submits as follows. There was a fight between two groups of neighbours. Both sides received injuries. But, none was grievous in nature. The petitioners have been falsely implicated in this case. The principal accused is one Mehabub Alam, who is not before this Court. Learned counsel appearing on behalf of the de facto complainant strongly opposes the prayer for anticipatory bail. He submits that all the accused participated in the assault.

Learned counsel appearing on behalf of the State relies on the case diary and opposes the prayer for anticipatory bail. She refers to the statements of witnesses including the victims, as well as the injury reports, which show infliction of serious injuries on vital parts of the body, like the head.

Considering the above, the other materials available in the case diary and the fact that the petitioner no. 3 is an aged person, while I am inclined to grant anticipatory bail to the petitioner no.3, the application for anticipatory bail of the petitioner nos. 1 and 2 is rejected.

In the event of arrest, the petitioner no.3 (Kasem Ali @ Md. Kashem Ali) 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 the Arresting Officer and also be 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 BNSS, 2023 and on further conditions that the petitioner no.3 (Kasem Ali @ Md. Kashem Ali) shall co-operate with the investigation and shall not threaten or intimidate the witnesses. The petitioner no.3 shall meet the I.O. once a fortnight till submission of report in final form.

The application for anticipatory bail is, thus, disposed of. Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible. (Jay Sengupta, J.)