MAHATAB ALI @ MAHATAB MONDAL AND ORS. v. STATE OF WEST BENGAL
CRM (A)/2751/2026 · 2026-08-25
Tirthankar Ghosh
body2026
DailyLaw.ai
[ 2026 DAILYLAW 35482 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 35482 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
25.08.2026
IN THE HIGH COURT AT CALCUTTA Item No.55
CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc. Allowed C.R.M. (A) 2751 of 2026
In Re : An Application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Nalhati Police Station Case No. 262 of 2026 dated 25.05.2026 under Sections 126(2)/79/117(2)/ 118(2)/351(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023 (G.R. Case No. 1255/2026). And
In Re : Mahatab Ali @ Mahatab Mondal and others
... Petitioners. Mr. Prosenjit Mukherjee, Mr. Raja Roy
... For the Petitioners. Mr. Debajyoti Adhikari, Ms. Ayana Dey
... For the State. Learned advocate appearing for the petitioners submits that petitioners are innocent and have been falsely implicated in connection with the instant case. Petitioners disown regarding the injuries which have been inflicted having been caused by the present petitioners. It has also been submitted that incident happened in 2025 and very recently FIR has been registered. Learned advocate appearing for the State, on the other hand, opposes the prayer for anticipatory bail and draws the attention of the Court to the injury report available and the statements. I have taken into account the injury reports and the nature of injury sustained which is at the eye of the informant. So far as the incident is concerned, the possibility of the same cannot be ruled out. However, having considered
2 the passage of time which has passed in the meantime, I am of the opinion that custodial detention of the present petitioners in connection with the instant case is unwarranted. As such, the prayer for anticipatory bail of the petitioners is allowed. Accordingly, 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 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 Bharatiya Nagarik Suraksha Sanhita,
2023. As the investigation of the case is still in progress, the petitioners, within a period of ten days from date, 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 petitioners for the sake of investigation.
Additionally, petitioners shall till the charge-sheet is submitted before the jurisdictional court once in a week attend the police station and obtained an acknowledgement from the Officer-in-Charge, Nalhati Police Station or any officer deputed by the Officer-in-Charge of the said police station. Memo of Evidence submitted by the learned advocate appearing for the State be kept with the record. The application for anticipatory bail, being CRM (A) 2751 of 2026, is, thus, disposed of. 3 All concerned 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 with all requisite formalities. (Tirthankar Ghosh, J.)