SELIM MOLLA @ BABU AND ORS. v. STATE OF WEST BENGAL
CRM(M)/1952/2025 · 2025-10-09
Biswaroop Chowdhury
body2025
DailyLaw.ai
[ 2025 DAILYLAW 43256 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 43256 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
09.10.2025
Item No.DL12 Court No. 07 VACATION BENCH
Partly Allowed
Asraf & Sudipta In the High Court at Calcutta Criminal Miscellaneous Jurisdiction Appellate Side
Case No.
CRM (M) 1952 of 2025
In Re : An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Swarupnagar Police Station case no.128 of 2025 dated 05.03.2025 under Sections 126(2) / 103(1) / 304(2) / 3(5) and adding sections 310(3) / 317(3) of the Bharatiya Nyaya Sanhita, 2023 against the petitioner nos. 1 and 3 and under Sections 126(2) / 103(1) / 304(2) / 61(2) adding Sections 310(3) / 310(4) of the Bharatiya Nyaya Sanhita, 2023 against the petitioner nos. 2 and 4. -AND-
In Re : Selim Molla @ Babu & Ors. ……Petitioners
For the Petitioners : Mr. Soubhik Mitter Mr. Litan Maitra Ms. Rajnandini Das Mr. Chitrak Biswas …..Advocates For the State : Mr. Saibal Bapuli, Ld. APP Mr. Arani Bhattacharyya …..Advocates
1. Learned advocate for the petitioners and the learned advocate for the State are present. 2. Heard learned advocates for the parties. 3. Perused the materials in the case diary. Page 2
4. The petitioners in the instant case are in custody for more than six months. The chargesheet is submitted but the charge is not framed. 5. Learned advocate for the petitioners submits that there is no direct evidence against the petitioners and hence the case is not sustainable against them. 6. Learned advocate for the opposite party / State relies upon the case diary and submits that the seizure list which goes to show that a number of fake currency have been recovered from the petitioner nos. 1, 3 and 4. 7. Upon considering the nature of offence and the materials in the case diary and the fact that the date of the charge is fixed on 10.11.2025, this Court is of view that at this stage the petitioner no.2 may be released on bail. 8. Thus, I allow the instant prayer for bail in respect of petitioner no.2 only. 9.
Accordingly, the petitioner no.2 shall be released on bail upon furnishing a bond of Rs.20,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Basirhat, North 24 Parganas subject to the conditions that he shall meet the Officer-in-Charge of the concerned Police Station once in a week and shall not meet the persons acquainted with the facts of the case and shall not do anything prejudicial to the trial and on further condition that he shall be present on every date fixed before the learned Trial Court. Page 3
10. In the event, the petitioner no.2 fails to comply with any of the above conditions, the learned Trial Court will be at liberty to cancel the bail without any further reference of this Court. 11. The prayers for bail in respect of the petitioner nos. 1, 3 and 4 stand rejected. 12. CRM (M) 1952 of 2025 is accordingly disposed of. 13. Urgent photostat certified copies of this order, if applied for, be given to the parties upon compliance of all necessary formalities. ( Biswaroop Chowdhury, J. )