Uttam Mandal And ANR v. The State Of West Bengal

AD 31 November 12, 2025 Ct. 28 SG CRM(A) 2438 of 2025 Reject An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Baishnabnagar Police Station Case No.532 of 2024 dated 15.06.2024 under Sections 448/323/325/307/354/ 379/34 of the IPC.

And In the matter of:

Uttam Mandal and another ... petitioners Mr. Wasim Akram Ms. Sabrina Parveen ... for the petitioners Ms. Shaila Afreen Mr. Bikram Mitra ... for the State Learned counsel for the petitioners submits that the petitioners have been falsely implicated in this case. At the particular date and time, they were at their workplace, which is some distance away.

Learned counsel for the State strongly opposes the prayer for anticipatory bail, relies on the case diary and points to the statements of witnesses, the injury report and the photographs. She also relies on the videography and the statements of persons who have given the video. It is clear that the present petitioners were there and were very much involved in the crime. In fact, they relied upon fake entry in the attendance register to show that they were working somewhere. She also relies on a letter dated 10.11.2025 written by the CEO of the concerned hospital that the attendance register in question could not be found and

concerned employee might have misplaced the register. Some foul play is suspected in this regard.

In the event it is found that the petitioners had relied on fake documents, the police authorities shall be at liberty to proceed against the petitioners.

Considering the incriminating materials available in the case diary and the alleged complicity of the petitioners in the said crime, I do not consider this to be a fit case for granting anticipatory bail.

The application for anticipatory bail is, thus, rejected. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of requisite formalities.

(Jay Sengupta, J.)