Abbas Ali Gazi And ORS v. The State Of West Bengal
17.06.2026 Court No.28 Item No.34 tbsr Allowed CRM (A) 1524 of 2026 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Deganga P.S. Case No.84 of 2026 dated 17.02.2026 under Sections 126(2)/115(2)/117(2)/110/74/3(5) of the BNS, 2023. And In the matter of: Abbas Ali Gazi & Ors.
....Petitioners.
Mr. Yunush Mondal Mr. Pronojit Roy ...for the petitioners.
Mr. Rajendra Banerjee Ms. Tanusree Kar ....for the State.
Report filed on behalf of the State is taken on record. Learned counsel appearing on behalf of the petitioners submits that there was a scuffle between neighbours over construction of a boundary wall. Both sides received injuries, but none was grievous in nature. There are case and counter case.
Learned counsel appearing on behalf of the State relies on the case diary and opposes the prayer for anticipatory bail. He relies on the statements of witnesses and the injury report, which, however, does not show infliction of any grievous injury. Considering the above, the other materials available in the case diary and the fact that there are case and 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.
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 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 condition that the petitioners shall cooperate with investigation, shall not threaten or intimidate witnesses and shall meet the I.O. once a week till submission of report in final form. The application for anticipatory bail is, thus, allowed. Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for.
(Jay Sengupta, J.)