Extracted from the PDF above. The PDF is authoritative.
28.08.2026 Court No.35. D/L. 75. Kausik (Allowed)
CRM (A) 2801 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 Nakashipara Police Station Case No. 539 of 2026 dated 12.06.2026 under Sections 109/115(2)/117(2)/118(2)/3(5)/303(2)/326(g)/329(3)/74 of the BNS, 2023. And In the matter of : Mojit Mallick & Ors. ……Petitioners. Mr. Santanu Talukdar
Mr. Priyankar Ganguly
Mr. Amaan Deep Gupta
Ms. Pipasa Chakraborty
……for the Petitioners. Mr. Satadru Lahiri
Mr. Sumanta Das
Mr. Poulam Dey
….for the Defacto Complainant. Mr. Debajyoti Deb
Mr. Rishav Singh
….for the State. Learned advocate appearing for the petitioners submits petitioners have been foisted with criminal cases because of change of administration. State has produced the case diary, emphasized on the injury reports. 2
I have taken into account the genesis of the issue. There are trappings of political dispute which are evident from the letter of complaint which has been treated to be the First Information Report. The incident complained of is of the year
2023. Having considered the overall circumstances, I am of the opinion, although investigation may continue but custodial detention of the present petitioner is unwarranted. As such, prayer for anticipatory bail is allowed. As such, I direct that in the event of arrest, the petitioners namely, (1) Mojit Mallick, (2) Rofikul Islam Sk, (3) Sofikul Islam Sk, (4) Jahiruddin Sk @ Harun, (5) Kurman Sk, (6) Ador Sk, (7) Murshid Sk, (8) Eliyas Mallick, (9) Sabai Sk, (10) Amir Sk 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 there has been accusations of petitioners overacting during the continuation of investigation, I direct that petitioners shall once in a week meet with the investigating officer of the case till the report in final form is submitted before the jurisdictional Court. Accordingly, CRM (A) 2801 of 2026 is allowed. 3 Memo of Evidence submitted be kept with the record. 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.)