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2026 DAILYLAW 35794 (CAL)

NANDADULAL MEHATARY @ MEHTARI AND ORS. v. STATE OF WEST BENGAL

CRM (A)/2366/2026 · 2026-08-14

Md Shabbar Rashidi

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

14.08.2026 Serial no. 07 Court no.551 (MKP) CRM (A) 2366 of 2026 In re : An Application under Section 482 of the BNSS, 2023/under Section 438 of the Cr.P.C. in connection with Ausgram PS Case No. 226 of 2026 dated 26.05.2026 u/s 448/323/325/307/354/379/427/506/34 of the IPC,1860. -And- In the matter of : Nandadulal Mehatary @Mehtari and Ors. … Petitioner Mr. Saibal Bapuli Mr. Arani Bhattacharyya Mr. Ayanil Das … for the petitioners Mr. Sayan Mukherjee … for the State-respondent(s) 1. On the prayer of the learned advocate for the petitioner, anticipatory bail application is taken up for consideration. 2. Learned advocate for the petitioner submits that the petitioner has been falsely implicated in the instant case, due to political rivalry. 3. The learned advocate for the petitioner also submits that he is in no way connected with the incident from the record of this case. 2 4. Learned advocate appearing for the petitioner submits that the F.I.R. was lodged after 5(five) years of the incident, out of political rivalry. 5. Learned advocate for the State refers to the materials in the case diary including the statement of witnesses recorded under Section 164 of the Code of Criminal Procedure. 6. Learned advocate further submits that the petitioner was directly involved in the incident involving Sections 448/ 323/ 325/ 307/ 354/ 379/427/ 506/34 of the Indian Penal Code. 7. The materials in the case diary and statements of the witnesses which allege that the petitioner attacked the house of the de-facto complainant and assaulted with rods and other dangerous weapons. 8. Learned advocate appearing for the State, however, could not draw my attention to any injury report supporting the case of assault. 9. He further submits that the investigation of the case is yet to conclude. Petitioner is very much required for the purpose of investigation. Learned advocate for the State opposes the prayer for anticipatory bail. 10. In such circumstances, considering the nature of allegations as well as the materials in the case diary, prayer of the anticipatory bail is granted. 3 11. Accordingly, I direct that in the event of arrest, the petitioner 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 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 petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court. 12. Hence, the prayer for anticipatory bail of the petitioner is Allowed. 13. CRM (A) 2366 of 2026 is disposed of. 14. Parties to act on a server copy of this order duly collected from the official website of the Hon’ble High Court, Calcutta. (Md.Shabbar Rashidi. J)