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2026 DAILYLAW 40261 (CAL)

ASGAR ALI SK @ ASGAR SK @ BHELA v. STATE OF WEST BENGAL

CRM (A)/2587/2026 · 2026-09-11

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 M/L 156 11.09.2026 Rohit, A.R.(Ct.) ct.no.35 IN THE HIGH COURT AT CALCUTTA CRIMINAL MISCELLANEOUS JURISDICTION APPELLATE SIDE C.R.M (A) 2587 of 2026 Asgar Ali Sk @ Asgar Sk @ Bhela Vs The State of West Bengal In Re: An Application for Anticipatory Bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ under Section 438 of the Code of Criminal Procedure, 1973 arising out of Ausgram Police Station Case No. 209 of 2026 dated 19.05.2026 under Sections 448/323/325/354/379/427/506 of the Indian Penal Code And In the matter of : Asgar Ali Sk @ Asgar Sk @ Bhela ……Petitioner. Mr. Arani Bhattacharyya Mr. Ayanil Das …for the Petitioner Mr. Lokesh Sharma Mr. Rishav Kumar Thakur …for the State 1. Learned Advocate appearing for the petitioner submits that the facts of the case refer to incidents which are way back in May, 2021. Petitioner is a permanent resident of the locality and with change of administration he has been foisted with the present criminal case. 2. Learned Advocate for the State opposes the prayer for anticipatory bail. 3. I have taken into account the nature of the accusations which originates from the year 2021 and having considered the same I am of the view although a case for investigation 2 may have been made out but custodial detention of the present petitioner is unwarranted. 4. As such, I direct that in the event of arrest, the petitioners, namely, Asgar Ali Sk @ Asgar Sk @ Bhela be released on bail by the Investigating Officer/arresting officer of the case on such terms and conditions as it deems fit and proper. This would be subject to the conditions under Section 438(2) of the Cr.P.C and/or under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. 5. As the investigation of the case is in progress, petitioner shall make himself available before the Investigating Officer within a period of ten days from the date of the order and shall subsequently follow the Investigating Officer as and when called for till the report in final form is submitted before the jurisdictional Court. 6. Accordingly, CRM (A) 2587 of 2026 is allowed. 7. Memo of evidence submitted be kept with the record. 8. All parties shall act in terms of server copy of the order downloaded from the Official website of this Court. 9. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Tirthankar Ghosh, J.)