Azbahar Din And ORS. v. State Of West Bengal And ANR

22/01/2026 D/L - 40 Court No.28 S. Kundu Partly Allowed C.R.M.(A) 4387 of 2025 In Re: An application for anticipatory bail under Section 482 of the BNSS, 2023. In connection with Nandakumar P.S case no. 789 of 2024 dated 20/12/2024 under sections 126(2)/115(2)/117(2)/118(2)/109/329(4)/324(4)/76/303 (2)/351(2)/79/3(5) of the BNS.

In the matter of: Azbahar Din & Ors.

...Petitioners.

Mr. Arnab Chatterjee Mr. Abhinaba Mukherjee Ms. Ankusha Ghosh ...for the petitioners.

Mr. Sanjay Bardhan Mr. Sufi Kamal ...for the State.

1. Learned counsel appearing for the petitioners submits as follows. The son of the de-facto complainant had eloped with the daughter of the petitioner no. 1. This led to a commotion. However, no grievous injury was suffered by anyone. The petitioner no. 1 is 81 year old and the petitioner no. 2 is a 75 year old lady.

2. Learned counsel appearing for the State strongly opposes the prayer for anticipatory bail. He refers to the injury reports of the victims showing injury on vital parts of the body like head. He also relies on the statements of the victims and other witnesses.

3. The petitioner no. 1 claims to be 81 years old and petitioner nos. 2 and 7 are female members of the household. Charge-sheet has been submitted.

4. Considering the above, the other materials available in the case diary, the fact that charge-sheet has been submitted and the fact that the petitioner no. 1 is a very aged person and the petitioner nos. 2 and 7 are female members of the household, while I am inclined to grant anticipatory bail to the petitioner nos. 1, 2 and 7 namely, (Azbahar Din, Meherjan Bibi and Bulti Malida @ Muslema Khatun), the application for anticipatory bail of the petitioner nos. 3, 4, 5 and 6 is rejected.

5. In the event of arrest, the petitioner nos. 1, 2 and 7 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 said petitioners shall not threaten or intimidate witnesses. The said petitioners shall surrender before the learned jurisdictional Court and pray for bail within four weeks from date.

6. Accordingly, the application for anticipatory bail is allowed-in-part.

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

(Jay Sengupta, J.)