ASHRAFUL MIDDE @ ASRAFUL MIDDEY AND ORS. v. STATE OF WEST BENGAL
CRM (A)/2462/2026 · 2026-08-27
Md Shabbar Rashidi
body2026
DailyLaw.ai
[ 2026 DAILYLAW 36654 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 36654 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
27.08.2026 Serial no. 8 Anticipatory Bail [Allowed] Dd In the High Court at Calcutta Criminal Miscellaneous Jurisdictional Appellate Side CRM (A)/2462/2026 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Chanditala Police Station Case No. 489 of 2026 dated 01.06.2026 under Sections 329(4)/ 115(2)/ 76/ 117(2)/ 303(2)/ 351(3)/ 109/ 3(5) of Bharatiya Nyaya Sanhita, 2023 (GR case No. 1434/2026) pending before Ld. ACJM, Serampore, Hooghly. -And- In the matter of : ASHRAFUL MIDDE @ ASRAFUL MIDDEY AND ORS. … … Petitioners Mr. Milon Mukherjee, Ld. Sr. Advocate Mr. Keshab Chandra Das, Advocate Ms. Aparajita Mondal, Advocate … … For the Petitioners Mr. Debanjan Bhattacharya, Advocate Mr. Arka Mukherjee, Advocate … …For the State
1. Memo of Evidence filed in Court be taken on record. 2. It is submitted by the learned senior advocate for the petitioners that the petitioners have been falsely implicated in this case due to long pending disputes. He further submits that the petitioners also filed case against the de facto complainant and others which is prior in time. Both the cases are still under investigation. It is further submitted by the learned senior advocate that one of the accused persons was arrested in connection with the instant case and he has been subsequently granted bail by the jurisdictional Court. 2
3. On the other hand, learned advocate for the State refers to the statements of witnesses recorded under Section 180 of BNSS, 2023. He also refers to the injury report of the victim. He opposes the prayer for grant of anticipatory bail. 4. Considering the rival contentions of the parties and on perusal of materials in the case diary, it transpires that the petitioners are alleged to have assaulted the complainant party with an iron rod. There were more than one victim who were assaulted by the petitioners. Iron rod is said to have used in such incident causing bleeding injuries to the victim. Injury report contained in the case diary shows a incised wound. Although CT scan was advised but the injuries have not been classified as grievous. Investigation is yet to conclude. 5. Considering the facts and circumstances of the case and materials in the case diary, prayer for anticipatory bail of the petitioners is allowed. 6.
Accordingly, I direct that in the event of arrest the petitioners 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 Bharatiya Nagarik Suraksha Sanhita, 2023 and on further condition that the petitioner Nos. 1 and 2 shall report before the Investigating Officer once in a fortnight till the conclusion of the investigation and petitioner no. 3 shall cooperate with the investigation till its completion and on further 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 petitioners in Court including cancelling the
3 anticipatory bail granted without further reference to this Court. 7. Prayer for anticipatory bail of the petitioners is allowed. 8. CRM (A)/2462/2026 is disposed of. (Md. Shabbar Rashidi, J.)