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2026 DAILYLAW 26993 (CAL)

MD ABU KALAM MONDAL @ KALAM MONDAL @ MD ABUL KALAM MANDAL v. STATE OF WEST BENGAL

CRM (A)/1120/2026 · 2026-07-07

Jay Sengupta

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

07.07.2026 Court No.28 Item No.33 ssi CRM (A) 1120 of 2026 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Suraksha Nagarik Sanhita in connection with Domkal Police Station Case No. 837 of 2025 dated 28.09.2025 under Sections 103(1)/118(2)/126(2)/61 (2)/3(5) of the BNS 2023. And In the matter of: Md. Abu Kalam Mondal @ Kalam Mondal @ Md Abul Kalam Mandal …. Petitioner Mr. Moyukh Mukherjee Mr. Anisur Rahaman Ms. Sarmistha Basak …for the petitioner Mr. Somnath Adhikary Mr. Sunil Gupta …for the State Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner is a railway employee. He is employed in the State of Madhya Pradesh. At the relevant time, i.e., on the date of occurrence, he was in the State of Madhya Pradesh. There is no incriminating material to implicate the present petitioner. Learned counsel appearing on behalf of the State relies on the case diary and opposes the prayer for anticipatory bail. He refers to the statement of a co-accused present at page 31 of the case diary. He also relies on the post-mortem report and the statements of other witnesses. He relies on a written dying declaration of the victim, which specifically names three accused along with seven or eight other unnamed accused. He also relies on the statement of a witness contained at page 13 of the case diary, which gives out a version of 2 the verbal dying declaration made by the victim that included the name of the present petitioner as one of the miscreants. Considering the above and the other incriminating materials available in the case diary, I do not consider this is to be a fit case for granting anticipatory bail. Accordingly, the application for anticipatory bail is rejected. Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible. (Jay Sengupta, J.)