Tamsar Ali @ Tamser Ali Mondal @ Tomser Ali Mandal @ Tamser Ali Mandal v. State Of West Bengal

AD 35 December 16, 2025 Ct. 28 SG CRM(A) 3668 of 2025 Reject An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Sagarpara P.S. Case No.560 of 2025 dated 17.06.2025 under Sections 329(4)/115(2)/117(2)/118(2)/109/351(2)/ 3(5) of the BNS, 2023 with adding Section 103(1) of the BNS, 2023.

And In the matter of:

Tamsar Ali @ Tamser Ali Mondal @ Tomser Ali Mandal @ Tamser Ali Mandal ... petitioner Mr. Arnab Chatterjee Ms. Ankusha Ghosh ... for the petitioner Ms. Rituparna De Ghose Mr. Arup Sarkar ... for the State Report filed by the State is taken on record. Learned counsel for the petitioner submits that, at the relevant time, the petitioner was in Kolkata for his check up at the SSKM Hospital.

Learned counsel for the State relies on the case diary and the report, opposes the prayer for anticipatory bail and submits that the incident in question took place between 6 am and 6.30 am at Murshidabad. It was quite possible for the petitioner to have gone to Kolkata thereafter to create an alibi. As per report, the OPD ticket obtained by the petitioner was generated online. The petitioner could have gone to the hospital at any time for check up. Moreover, the tower location of the mobile phone of the petitioner shows

that he was present in Murshidabad at the relevant time. There are injured witnesses who have taken the petitioner's name as the assailant.

Considering the above and the other incriminating materials available in the case diary, I do not think 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.)