21.07.2026 Serial no. 39 BP ( allowed) IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI CRM (M) No. 167 of 2026 In re: An Application for regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Bhaktinagar Police Station Case No. 372 of 2026 dated 11.05.2026 under Sections 69/316(2)/351(2) of the Bharatiya Nyaya Sanhita, 2023. -And- In the matter of : Ajmat Ullah … … Petitioner Mr. Pallav Sharma Mr. Suraj Mohanto Mr. Safal Rai Mr. N. Lama … … For the Petitioner Mr. Avrojyoti Das, Ld. App Mr. Uday Bhattacharjee Mr. Rajdeep Das … …For the State Mr. Sandip Mandal Mr. Amit Saha ..for the De facto Complainant 1. Affidavit of service filed in Court be taken on record. 2. The prayer of the petitioner is taken up for consideration. 3. Heard learned advocate of the petitioner. 4. It is submitted by the learned advocate for the petitioner that the petitioner has been in custody for 48 days. It is also submitted that the petitioner and the defacto complainant were in a relationship. The petitioner has been 2 falsely implicated in the instant case by the de facto complainant. It is further submitted by the learned advocate for the petitioner that relying upon an order passed by a Co-ordinate Bench in CRM (M) 2420 of 2025 and an order passed by the Delhi High Court in Bail Application No. 320 of 2026, it is submitted that by the aforesaid decisions, the learned court granted bail taking into consideration the prolonged relationship between the parties. 5. It is submitted that in the instant case, the defacto complainant also came into voluntary relationship with the petitioner. There is no question of any fraud or coercion on the part of the petitioner. Learned advocate for the petitioner prays for release of the petitioner on bail 6. Learned advocate for the State refers to the various materials in the case diary including the statement of the victim recorded under Section 183 BNSS. He opposes the bail prayer of the petitioner. 7. Learned advocate appearing for the defacto complainant /victim submits that the petitioner has been guilty of misconduct by annexing the copy of the First Information Report openly with the application for bail. He did not make any submissions on the merits of the case though he opposed the prayer for bail. 3 8. Having heard the learned advocate for the petitioner and upon perusal of the materials in the case diary, it appears that the instant case has been initiated against the petitioner under Sections 69/316(2)/351(2) of the BNS. The materials in the case diary demonstrate that the petitioner was in a relationship with the defacto complainant/victim. The victim is an adult. Such prolonged relationship between the petitioner and the defacto complainant/victim is evident from the statement recorded under Section 183 of the BNSS. 9. In such circumstances, considering the submissions made on behalf of the parties and in view of the materials in the case diary, I am inclined to enlarge the petitioner on bail. 10. Accordingly, we direct that the petitioner shall be released on bail upon furnishing a 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 Chief Judicial Magistrate, Jalpaiguri, 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. 11. In the event, the petitioner fails to comply with the conditions as enshrined hereinbefore, it is open to the trial 4 court to cancel the bail without further reference to this Court. 12. The prayer for bail of the petitioner is allowed. 13. CRM(M) 167 of 2026 is disposed of. (Md. Shabbar Rashidi, J.)