ABUL KALAM AZAD @ ABUL KALAM AZA v. STATE OF WEST BENGAL
CRM(M)/1851/2025 · 2025-10-14
Ajay Kumar Gupta
body2025
DailyLaw.ai
[ 2025 DAILYLAW 42878 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 42878 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
14.10.2025 Item No.43 Ct.No.05 dc/rc. Allowed
C.R.M. (M) 1851 of 2025
In Re : An Application for bail under Section 439 of the Code of Criminal Procedure read with Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Palashipara Police Station Case No. 271 of 2025 dated
13.06.2025. And In Re : Abul Kalam Azad @ Abul Kalam Aza ... Petitioner Mr. Amanul Islam ... for the Petitioner Md. Adil Badr Mr. Ashok Das ... for the State Mr. Sabir Ahmed Mr. Abdul Aziz Mondal …for the defacto complainant Heard learned counsels for the parties. The petitioner is in custody on and from 23.07.2025 and prays for bail.
Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He further submits that the other co-accused has already been granted bail by the learned trial Court. On the other hand learned counsel for the State opposes the prayer for bail.
Learned counsel for the defacto complainant also strongly opposes the prayer for bail.
I have considered the material available in the Case Diary including the injury report. Though the injury recorded grievous in nature but from the careful perusal it appears that the injuries are not so grievous in nature. Considering the nature of injury and detention period suffered by the petitioner, this Court is inclined to allow the prayer for bail of the petitioner. Accordingly, prayer for bail is allowed. The petitioner Abul Kalam Azad @ Abul Kalam Aza, be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten Thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Tehatta subject to condition that he shall remain outside the jurisdiction of Palashipara Police Station and shall furnish the address where he shall presently reside before the learned trial Court, Investigating Officer and the Officer in Charge of the concerned police station under whose jurisdiction he shall henceforth reside. He shall appear before the learned trial Court on every date of hearing. He shall not intimidate witnesses or tamper with evidence in any manner whatsoever. In the event the petitioner fails to adhere to any of the conditions mentioned above without justifiable cause, the learned trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court. The application for bail is, thus, disposed of. 2
Case Diary is returned. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.
(Ajay Kumar Gupta, J.)
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