Extracted from the PDF above. The PDF is authoritative.
28.08.2026
IN THE HIGH COURT AT CALCUTTA Item No.91
CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc. partly allowed C.R.M. (A) 2818 of 2026
In Re : An Application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Ramnagar Police Station Case No. 235 of 2026 dated 28.06.2026 under Sections 126(2)/115(2)/109/ 74/303(2)/351(3)/3(5) of the Bharatiya Nyaya Sanhita, 2023 (G.R. Case No. 1569/2026). And
In Re : Sk Mustak Ali and others
... Petitioners. Mr. Jayanta Narayan Chatterjee, Sr. Adv., Mr. Mijanul Kabir, Mr. B. Dey
... For the Petitioners. Ms. Hasi Saha, Mr. Radhey Shyam Tiwari
... For the State. Mr. Arun Das, Ms. Mohua Palit
... For the de facto complainant. Learned senior advocate appearing for the petitioners submits that petitioners are innocent and they have been falsely implicated in connection with the instant case because of previous rivalry. There is case and counter-case between the parties and there is every possibility of the petitioners being falsely implicated. Learned advocate appearing for the de facto complainant opposes the prayer for anticipatory bail and submits that there are overt acts by each of the accused persons. 2 Learned advocate appearing for the State opposes the prayer for anticipatory bail and draws the attention of the Court to the injury reports of two of the injured. I have taken into account the statement of both the injured persons. Having considered the same, I am of the opinion that the prayer for anticipatory bail of the petitioners viz., 1. Sk Mustak Ali, 2. Sheikh Nesar Ali, 3. Sk Sabbir Ahmed, 5. Sk Mannan Ali and 6. Sk Irfan Hossen should be rejected. So far as the petitioner no.4 is concerned, as I do not find the name of the petitioner no.4 being divulged by the injured in his statement, the prayer for anticipatory bail of the petitioner no.4 is allowed. Accordingly, in the event of arrest, the petitioner no.4 viz., Sk Safique Ahmed 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 petitioner no.4, within a period of ten days from date, shall make himself 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 petitioner no.4 for the sake of investigation till the report in final form is submitted before the jurisdictional court. 3
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) 2818 of 2026, is, thus, disposed of. 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.)