CRM (A)/2207/2026 of ANSAR ALI Vs STATE OF WEST BENGAL on 27 August 2026

1. Learned Advocate for the petitioner submits that, due to political rivalry and personal grudge, the petitioner has been falsely implicated in this case. She submits that, even if it is alleged that the petitioner's family members have enjoyed the benefits under a scheme illegally, such fact can be proved on the basis of documentary evidence. In such conspectus, according to her, custodial interrogation of the present petitioner is not warranted.

2. Learned Advocate appearing for the State, produces the case diary and opposes the prayer for anticipatory bail.

3. Heard learned Advocates appearing for the respective parties and perused the case diary. Apart from certain statements recorded under Section 180 of the BNSS of persons claimed to be acquainted with the facts and circumstances of the case and a copy of the FIR, no other materials are available in the case diary. It is surprising to note that the prosecution case is that the petitioner, being the Upapradhan of a Gram Panchayat, using his official position, arranged certain benefits under

2 the scheme, Pradhan Mantri Awas Yojana, for his own family members, thereby depriving other eligible persons of that locality, no document has been collected to show that any amount of money was ever credited to the accounts of the family members of the petitioner, nor has any other document been collected to connect the petitioner with the alleged offence. Therefore, taking note of this fact and considering the facts and circumstances of the case, and in the materials collected against the present accused, I am of the view that the privilege under Section 482 of the BNSS can be extended in favour of the petitioner.

4. In view of the above, the prayer for anticipatory bail is allowed.

5. Accordingly, I direct that, in the event of arrest, the petitioner, viz. Ansar Ali, be released on bail upon furnishing a bond of Rs. 20,000/-, with two sureties of the like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Buniadpur, Dakshin Dinajpur, and also subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, and on the further condition that the petitioner shall meet the Investigating Officer once a week and shall not leave the jurisdiction of the concerned police station till the submission of the charge-sheet.

6. The application for anticipatory bail is, thus, disposed of.

(Partha Sarathi Chatterjee, J.)