Extracted from the PDF above. The PDF is authoritative.
21.07.2026 Serial no. 31 (Bail allowed) (S. A. ) Calcutta High Court In The Circuit Bench at Jalpaiguri
CRM (R) 28 of 2026
In re : An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita,2023 in connection with Bagdogra Police Station Case No. 245 of 2025 dated 13.07.2025 under Section 316(2)/318(4) of the Bharatiya Nyaya Sanhita. -And-
In the matter of : Md. Samir. … … Petitioner
Mr. Subham Ghosh, Advocate Mr. Mayank Roy, Advocate
… … For the Petitioner
Mr. Avrojyoti Das, Ld. App. Mr. Sanjay Mazoomdar, Advocate Mr. Rajdeep Das, Advocate
… …For the State
1. Petitioner prays for bail. 2. The petition is taken up for consideration. 3. It is submitted by the learned Advocate for the petitioner that the petitioner has been in custody since June 18, 2026. Learned Advocate for the petitioner submits that the petitioner introduced some persons to as the husband of the de facto complainants who rented the JCB machines from the husband of the de facto complainant. 4. It is submitted that the aforesaid persons did neither pay the rent of the JCB machines after a few monthly payments nor the JCB machines were returned to the husband of the de facto complainant. Learned Advocate for the petitioner
2 also submits that the disputes involved in this case are purely civil in nature. He prays for bail. 5. Learned Advocate for the State refers to various materials in the Case Diary including the agreement regarding letting out of the JCB machines. He further submits that the case is under investigation. Charge-sheet is yet to be submitted and, therefore, custodial interrogation of the petitioner will be required for the purpose of investigation. 6. Having heard learned Advocates for the parties and on perusal of the materials in the Case Diary, it transpires that an agreement was entered into between some of the accused persons as well as the husband of the de facto complainant for letting out a JCB machine owned by the husband of the de facto complainant. It is the allegation that the accused persons stopped paying the monthly rent of the JCB after paying a few initial monthly installments. The said accused persons also fled away with the JCB machine.
It also transpires from the materials in the Case Diary that the present petitioner was responsible for introducing the aforesaid accused persons to the husband of the de facto complainant for the purpose of letting out the JCB machine. He had no role in not paying the monthly rental or the absconsion of the machine. 7. In such circumstances, I am inclined to release the petitioner on bail. 8. Accordingly, I direct that the petitioner shall be released on bail upon furnishing a bond of Rs. 10,000/- (Rupees Ten Thousand only), with two
3 sureties of like amount each, one of whom must be local, to the satisfaction of the Learned Additional Chief Judicial Magistrate, Siliguri, subject to condition that the petitioner shall appear before the learned trial court on every date of hearing until further orders and shall not intimidate witnesses and/or tamper with evidence in any manner whatsoever. 9. In the event, the petitioner fails to comply with the conditions as enshrined hereinbefore, it is open to the trial court to cancel the bail without further reference to this Court. (Md. Shabbar Rashidi, J.)