Research › Search › Judgment

Calcutta High Court · body

2026 DAILYLAW 35303 (CAL)

HILAN UDDIN MALLICK @ HILAN MALLICK AND ORS v. STATE OF WEST BENGAL

CRM (A)/2524/2026 · 2026-08-25

Md Shabbar Rashidi

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

25.08.2026 Court No.551 Item No.27 tbsr Allowed CRM (A) 2524 of 2026 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and Section 438 of the Code of Criminal Procedure, 1973 in connection with Ausgram P.S. Case No. 236 of 2026 dated 02.06.2026 under Sections 448/323/325/427/354/384/506/34 of the Indian Penal Code. And In the matter of: HILAN UDDIN MALLICK @ HILAN MALLICK AND ORS. ….Petitioners. Mr. Biswajit Hazra Mr. Archisman Sain …for the petitioners. Mr. Anamitra Banerjee Ms. Shalu Gupta …..for the State. 1. The allegation in the First Information Report that the petitioners, being armed with bombs, pistol and other deadly weapons attacked the de facto complainant at the time of counting the Assembly Election in the year 2021. They vandalized the house of the de facto complainant, assaulted the de facto complainant and his family members and forcibly realized Rs. two lakhs as a village fine. 2. Learned advocate for the State has referred to the statements of the victims recorded under Section 180 of BNSS as well as Section 183 thereof. Such statements implicate the petitioners in the alleged incident. However, the incident is said to have taken place in the year 2021. No contemporaneous compliant was lodged by the de facto complainant. In fact, thereafter till 2026, no compliant 2 was lodged by the de facto complainant with any authority whatsoever. 3. Learned advocate for the State has not drawn my attention to any injury report in connection with the incident. No forearms or bombs etc. were recovered in course of investigation. 4. In view of the aforesaid facts and circumstances of the case and material in the case diary, the prayer for anticipatory bail of the petitioners is allowed. 5. Accordingly, I direct that in the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of like amount each, 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, 1973, corresponding to Section 482(2) of the BNSS and on further condition that the petitioners shall meet the Investigating Officer once in a fortnight till the conclusion of investigation and on condition that the petitioners shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court. 6. CRM (A) 2524 of 2026 is disposed of. 3 7. Urgent Photostat certified copy of this order, if applied for, be given to the parties upon compliance with requisite formalities. (Md. Shabbar Rashidi, J.)