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2026 DAILYLAW 35795 (CAL)

MD NABI ALI AND ANR. v. STATE OF WEST BENGAL

CRM (A)/2734/2026 · 2026-08-24

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

24.08.2026 Court No.35. D/L. 610. Kausik (Allowed) CRM (A) 2734 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 Bhutni Police Station Case No. 112 of 2026 dated 28.07.2026 under Section 126(2)/117(2)/118(2)/351(2)/3(5) of BNS, 2023. And In the matter of : Md. Nabi Ali @ Md. Nabi & Anr. ……Petitioners. Mr. Biswajit Tiwari ……for the Petitioners. Mr. Mayukh Mitra Ms. Moumita Pandit ….for the State. Learned advocate appearing for the petitioners submits that there are case and counter-case for which the petitioner is facing harassment. State has opposed the prayer for anticipatory bail and produces the case diary. I have taken into account the injury reports which reflect that injuries are simple. Having considered the overall circumstances, I am of the opinion that custodial detention of the present petitioners are unwarranted. 2 As such, prayer for anticipatory bail is allowed. As such, I direct that in the event of arrest, the petitioners namely, (1) Md. Nabi Ali @ Md. Nabi, (2) Sadikul Islam @ Sadek 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. As the investigation of the case is in progress petitioner shall report to the investigating officer within a period of 10 days and on all subsequent dates fixed by the investigating officer of the case till the investigation is over. Accordingly, CRM (A) 2734 of 2026 is allowed. Memo of Evidence submitted be kept with the record. Leave is granted to the petitioner to amend the cause title so far as the sections are concerned. 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.)