Calcutta High Court
CRM (A)/2566/2026 of MOSTAFA ALI MIA @ GOLAM MOSTAFA ALI Vs STATE OF WEST BENGAL on 11 September 2026
IN THE HIGH COURT AT CALCUTTA Item No.M/L.14 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc. Allowed C.R.M. ( A ) 2566 of 2026 In Re : An Application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Kumarganj Police Station Case
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11.09.2026
IN THE HIGH COURT AT CALCUTTA Item No.M/L.14
CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc. Allowed C.R.M. (A) 2566 of 2026
In Re : An Application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Kumarganj Police Station Case No. 196 of 2026 dated 30.05.2026 under Sections 318(4)/316(2)/351(2) of the Bharatiya Nyaya Sanhita, 2023 (G.R. Case No. 982/2026).
And
In Re : Mostafa Ali Mia @ Golam Mostafa Ali
... Petitioner.
Mr. Bibaswan Bhattacharya, Mr. Abhik Sen, Mr. Poonnug Roy
... For the Petitioner.
Mr. Biswajit Tiwari, Mr. Kuntal Ray
... For the State.
Learned advocate appearing for the petitioner submits that petitioner has been foisted in connection with the instant case under the garb of providing job at primary school. To that effect, it has been said that a sum of Rs.8,00,000/- has been paid. Petitioner is the next door neighbour of the complainant and the name has been wrongly stated. So far as the other issues are concerned, a civil case is pending between the parties. Learned advocate appearing for the State, on the other hand, opposes the prayer for anticipatory bail and submits that two cheques were issued by another person amounting to Rs.6,00,000/- which were dishonoured. The overall circumstances of the case which have been portrayed by the prosecution reflect that initiation of such issue relating to providing job was in the year 2017-2018. Having considered the period of nine years having passed and the case having been registered on 30.05.2026, I am of the opinion that let the investigation of the case continue, but so far as the genuinity of the allegations are concerned, the same are a delayed process. Having regard to the same, I am of the opinion that custodial detention of the present petitioner in connection with the instant case is unwarranted. As such, the prayer for anticipatory bail of the petitioner is allowed. Accordingly, in the event of arrest, the petitioner viz., Mostafa Ali Mia @ Golam Mostafa Ali 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 shall report to the Investigating Officer of the case within a period of ten days from date and thereafter on all subsequent dates fixed by the Investigating Officer, if required for the sake of investigation, till the report in final form is submitted before the jurisdictional court. 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) 2566 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.)