SYED MOFIJUL ALI AND ANR. v. STATE OF WEST BENGAL AND ANR
CRM (A)/2728/2026 · 2026-08-24
Tirthankar Ghosh
body2026
DailyLaw.ai
[ 2026 DAILYLAW 35671 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 35671 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
24.08.2026 Court No.35. D/L. 604. Kausik (Allowed)
CRM (A) 2728 of 2026
In Re: An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure, 1973/Under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Nandigram Police Station Case No. 137 of 2026 dated 24.02.2026 under sections 85/80/103(1)/238/3(5) of the BNS, 2023. And In the matter of : Syed Mofijul Ali & Anr. ……Petitioners. Mr. Sekhar Kumar Basu, Sr. Adv. Mr. Narattam Acharyya
……for the Petitioners. Mr. Pradip Banerjee, Ld. APP
Mr. Arijit Bhusan Bagchi
….for the State. Learned senior advocate appearing for the petitioners submits petitioners are parents-in-law of the deceased who have been foisted with the criminal case in spite of best of their intention. Learned advocate for the State opposes the prayer for anticipatory bail. Attention of the Court is drawn to the post- mortem report as well as the statement of the parents of the deceased. 2
I have taken into account the post-mortem report and other materials appearing in the case diary, the investigation of the case is in progress. Having considered that the petitioners are parents-in- law and except general allegations there are no specific overt acts or any overwhelming material presently appearing in the case diary, I am inclined to allow the prayer for anticipatory bail. As such, prayer for anticipatory bail is allowed. As such, I direct that in the event of arrest, the petitioner namely, (1) Syed Mofijul Ali, (2) Samima Sultana be released on bail subject to the satisfaction of the investigating officer/arresting officer of the case and also subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and/or under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Petitioner no. 1 will report to the investigating officer within a period of 10 days and on all subsequent dates fixed by the investigating officer till the investigation of the case is over. So far as petitioner no. 2 is concerned, she shall make herself available as and when required by the investigating officer of the case. Accordingly, CRM (A) 2728 of 2026 is allowed. Memo of Evidence submitted be kept with the record. 3
All parties shall act in terms of server copy of the order 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.)