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2026 DAILYLAW 33988 (CAL)

HASIN MANDAL AND ORS. v. STATE OF WEST BENGAL

CRM (A)/1893/2026 · 2026-08-18

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

D/L27 18.08.2026 Bpg. Allowed C.R.M. (A) 1893 of 2026 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Hanskhali Police Station Case No.502 of 2026 dated June 5, 2026 under Sections 126(2)/117(2)/109(1)/3(5) of Bharatiya Nyaya Sanhita, 2023; Hasin Mondal & Ors. Versus The State of West Bengal Ms. Sananda Bhattacharyya. …for the petitioners. Ms. Arushi Rathore. …for the State. Learned advocate appearing for the petitioners submits that the petitioners are innocent and they have been foisted with the present criminal case on the basis of land dispute existing inter se the parties. Learned advocate for the State opposes the prayer for anticipatory bail and submits that the petitioners were present and inflicted assault which resulting in severe injuries. To that effect, learned advocate for the State has drawn the attention of the Court to the injury report. The injury report reflects that stitch being administered at the head of the injured. I have taken into account the statement of the injured. 2 Statement of the injured reflects that the present petitioners assaulted with fists and blows and with wooden stick upon the injured. However, the vital blow with iron rod was inflicted by one Ibra Sardar. Having considered that the present petitioners have slightly different locus factually than the said Ibra Sardar and the genesis of the dispute relate to traditional issues, I am of the opinion that the petitioners on stringent conditions may be granted the relief of anticipatory bail. As such, the prayer for anticipatory bail of the petitioners is allowed. Accordingly, in the event of arrest, the petitioner no.1, namely, Hasin Mondal, the petitioner no.2, namely, Jamsed Mandal and the petitioner no.3, namely, Ramjan Mandal shall be released on bail to the satisfaction of the Arresting Officer and also be subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure corresponding to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The petitioners shall meet with the investigating officer of the case within a period of 10 days from date and thereafter on all subsequent dates fixed by the investigating officer of the case for the sake of investigation. Additionally, the investigating officer if the petitioners are not required for the sake of investigation also will ask the investigating officer to report to the Police Station once in a week till the charge-sheet is submitted before the jurisdictional court. Thus, CRM(A) 1893 of 2026 is allowed. 3 All parties shall act on the server copy of this order duly 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 of all requisite formalities. (Tirthankar Ghosh, J.)