MD ELIAS @ MD ILIAS @ MUNNA AND ORS. v. STATE OF WEST BENGAL
CRM (A)/1735/2026 · 2026-08-13
Tirthankar Ghosh
body2026
DailyLaw.ai
[ 2026 DAILYLAW 33246 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 33246 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
13.08.2026 Court No.35. D/L.547. Rakib (Allowed)
CRM (A) 1735 of 2026
In Re: An Application for Anticipatory Bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with English Bazar Police Station case no. 817 of 2026 dated 19.05.2026 under Sections 126(2)/115(2)/117(2)/109/76/324(4)/351(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023. And In the matter of : Md. Elias @ Md. Ilias @ Munna & Ors. ……Petitioners. Ms. Mousumi Bhowal
.....for the Petitioners. Mr. Mukunda Lal Sarkar
.....for the De-facto complainant. Ms. Priti Kar Bagchi
……for the State. Learned advocate appearing for the petitioners submit that petitioners themselves sustained injuries and in spite of the same have been foisted with the criminal case. Learned advocate appearing for the de-facto complainant submits that petitioner no.1 is a Civic Volunteer who has designed to throw the de-facto complainant and his family members out of the residence. Learned advocate appearing for the State has produced the Case Diary. I have taken into account the injury report which reflects that the injuries to be simple, however, there are accusations under Section 354B of the Indian Penal Code / Section 76 of the BNS. I have taken into account the overall circumstances and I am of the opinion that custodial detention of the petitioners is unwarranted. 2 As such, the prayer for anticipatory bail of the petitioners namely, Md. Elias @ Md. Ilias @ Munna; Md. Aminul @ Sk. Aminul @ Sohel; Israul Hoque @ Sk. Esraul @ Isbabul and Sabnam Parvin is allowed. As such, in the event of arrest, the petitioners shall be released on bail to the satisfaction of the Arresting Officer on such terms and conditions as he deems fit and proper 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 Bharatiya Nagarik Suraksha Sanhita, 2023. In view of the specific accusations against the petitioner no.1, he is directed to stay outside the jurisdiction of English Bazar Police Station and will enter the jurisdiction only for the purposes the meeting with the investigating officer of the case. As the investigation of the case is still in progress, the petitioner nos.
1, 2 and 3, within a period of ten days, shall make themselves available before the Investigating Officer of the case and thereafter, the Investigating Officer of the case, if required, would fix subsequent dates for presence of the petitioner for the sake of investigation. With the aforesaid observations, CRM (A) 1735 of 2026 is allowed. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. 3 Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Tirthankar Ghosh, J.)