Research › Search › Judgment

Calcutta High Court · body

2026 DAILYLAW 36948 (CAL)

MANNAN MALLICK AND ORS v. STATE OF WEST BENGAL

CRM (A)/2812/2026 · 2026-08-28

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

28.08.2026 Court No.35. D/L. 86. Kausik (Partly Allowed) CRM (A) 2812 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 Dhaniakhali Police Station Case No. 269 of 2025 dated 21.08.2025 under Sections 126(2)/115(2)/117(2)/109/3(5) of BNS. And In the matter of : Mannan Mallick & Ors. ……Petitioners. Mr. Milon Mukherjee, Sr. Adv. Mr. Amal Krishna Samanta Ms. Mohua Palit Ms. Taharima Khatun ……for the Petitioners. Mr. Amal Kumar Datta Mr. Shayan Sachin Basu ….for the State. Learned senior advocate appearing for the petitioners submits there was scuffle between the two groups. Consequent to which the present case has been registered for investigation. It has been submitted that so far as the case which was initiated at the instance of petitioner no. 3, the same was registered first and subsequently the present case was registered. 2 State, on the other hand, opposes the prayer for anticipatory bail and produces the case diary. Reference has been made to the injury report. I have taken into account the statement of the injured. From the case diary it reflects that charge sheet has already been submitted before the jurisdictional Court. Consequently, so far as the three ladies are concerned being petitioner nos. 3, 4 and 5, I am inclined to allow their prayer for anticipatory bail. So far as petitioner nos. 1 and 2 are concerned, they would appear before the jurisdictional Court for regular bail. As such, prayer for anticipatory bail of petitioner no. 1 and petitioner no. 2 is rejected. As such, I direct that in the event of arrest, the petitioner nos. 3, 4 and 5 namely, Nasira Bibi, Mamtaj Begam and Rabeya Bibi @ Rabiya Bibi 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 charge sheet has been submitted this order of anticipatory bail will remain in force for a period of 6 weeks. Accordingly, CRM (A) 2812 of 2026 is partly allowed. Memo of Evidence submitted be kept with the record. 3 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.)