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2026 DAILYLAW 31135 (CAL)

ABDUL ALIM SK v. STATE OF WEST BENGAL

CRM (A)/1449/2026 · 2026-07-28

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

28.07.2026 Court No.35. D/L.638. Rakib (Allowed) CRM (A) 1449 of 2026 With CRAN 1 of 2026 In Re: An Application for Anticipatory Bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Beldanga Police Station case no. 55 of 2026 dated 19.01.2026 under Sections 329(4)/115(2)/117(2)/118(2)/3(3) of the Bharatiya Nyaya Sanhita, 2023. And In the matter of : Abdul Alim Sk. ……Petitioner. Mr. R. Islam Mr. S. Bhakat Mr. M. Rahaman .....for the Petitioner. Mr. Parmanand Sharma, Ld. APP Mr. Sankalpa Bhattacharjee ……for the State. In Re: CRAN 1 of 2026 Learned advocate appearing for the petitioner submits that for reasons beyond control learned advocate could not make himself available when the application for anticipatory bail was dismissed for default on 03.06.2026. Having considered that for the fault of a lawyer the litigant should not suffer, I am inclined to restore the application to its original file and number in spite of objection raised by the learned advocate appearing for the State. Accordingly, CRAN 1 of 2026 is allowed. 2 In Re: CRM (A) 1449 of 2026 Learned advocate appearing for the State opposes the prayer for anticipatory bail. Primarily, I find that petitioner was responsible for assaulting the injured. However, the injury report which has been submitted before this Court is cryptic. Charge-sheet has already been submitted before the jurisdictional Court on 09.04.2026. Having considered that charge-sheet has been submitted, I am of the opinion that custodial detention of the present petitioner is unwarranted. Accordingly, the prayer for anticipatory bail of the petitioner namely, Abdul Alim Sk is allowed. As such, I direct that in the event of arrest, the petitioner shall furnish bond subject to the satisfaction of the investigating officer/arresting officer of the case and also subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and/or under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Since, charge-sheet has been submitted, this order of anticipatory bail will remain valid for a period of six weeks from date. With the aforesaid observations, CRM (A) 1449 of 2026 is allowed. Memo of evidence submitted by the State be kept with the record. 3 All parties shall act in terms of server copy of the order downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Tirthankar Ghosh, J.)