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2026 DAILYLAW 31365 (CAL)

AYUB ALI @ AYOB ALI AND ANR v. THE STATE OF WEST BENGAL

CRM(A)/590/2026 · 2026-07-30

Shampa Sarkar

body2026

Judgment text

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Calcutta High Court In the Circuit Bench at Jalpaiguri 30.07.2026 Item No.36 Court No.11 (GB) CRM (A) 590 of 2026 In Re: - An application for anticipatory bail under section 438 of the Code of Criminal Procedure, 1973/Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Mathabhanga Police Station Case No.317 of 2026 dated 13.05.2026 under Sections 342/325/386/506/344 of the Indian Penal Code corresponding to Sections 127/117(2)/308(5)/351/3(5) of B.N.S. 2023. And In the matter of: Ayub Ali @ Ayob Ali & Anr. ….Petitioners. Ms. Suman Sehanabis, Mr. Salok Sah Ms. Anwesha Chakraborty …for the Petitioners. Mr. Janardan Periwal, Mr. Urgen Lama, Mr. Roumyadip Saha … for the State. 1. The petitioners pray for pre-arrest bail in connection with Mathabhanga Police Station Case No.317 of 2026 dated 13.05.2026 under Sections 342/325/386/506/344 of the Indian Penal Code corresponding to Sections 127/117(2)/308(5)/351/3(5) of B.N.S. 2023. 2. It is submitted that the petitioners have been falsely implicated. It is also submitted that one of the co-accused has been released on bail. 3. The learned advocate for the State opposes the prayer for anticipatory bail and produces the case diary. 4. However, considering the materials on record and the nature of injury as also the delay in lodging the complaint, prayer for anticipatory bail is allowed. 2 5. Accordingly, this Court directs that, in the event of arrest, the petitioners 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973, corresponding to Section 482(2) of the B.N.S.S., 2023. The petitioners shall meet the investigating officer once a week and cooperate till conclusion of the investigation and shall not intimidate witnesses or tamper with evidence in any manner whatsoever. The petitioners shall not leave the jurisdiction of Mathabhanga Police Station. 6. In case the petitioners fail to adhere to any of the conditions as stated above, anticipatory bail stands automatically cancelled without further reference to this Court. 7. The application for anticipatory bail is, thus, allowed and disposed of. 8. All the parties are directed to act on the basis of the server copy of this order. (Shampa Sarkar, J.)