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2026 DAILYLAW 29463 (CAL)

MAINUL ALI v. THE STATE OF WEST BENGAL

CRM(M)/139/2026 · 2026-07-22

Md Shabbar Rashidi

body2026

Judgment text

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22.07.2026 Item No.16 Court No.9 CHC (Allowed) Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Side C.R.M.(M) 139 of 2026 In Re:- An application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023; in connection with CR Case No.4489 of 2025 arising out of Prosecution Offence Report No.43/JPS of 2025-2026 dated 25.12.2025 passed by the Learned Chief Judicial Magistrate, Alipurduar. And In the matter of : Mainul Ali ...… petitioner Mr. Kallol Acharjee, Advocate Mr. Abhishek Singh, Advocate …for the petitioner Mr. Avrojyoti Das, Ld. A.P.P. Mr. Rajkumar Mitra, Advocate Ms. Trisna Roy, Advocate …for the State 1. Bail prayer of the petitioner is taken up for consideration. 2. It is submitted by learned advocate for the petitioner that the petitioner has been in custody for 209 days. Learned advocate for the petitioner also submits that the case of the petitioner stands on better footings to that of one Yakub Ekka who was enlarged on bail by this Court by an order passed on June 6, 2026 passed in CRM(R) 21 of 2026. 3. On the other hand, learned advocate for the State refers to the materials in the Case Diary. 2 4. It is submitted that witnesses have been examined before charge and charges stood framed. The case is fixed for examination of the witnesses after charge. The petitioner, if granted bail, may abscond. 5. However, I find that the petitioner is in custody for more than six months. Investigation is complete. The petitioner has permanent hearth and household in the locality. 6. In view of the fact that the investigation is complete, I am inclined to allow the prayer for bail of the petitioners. 7. Accordingly, the petitioner shall be released on bail upon furnishing a bond of Rs.1,00,000/ (Rupees One Lakh) with two sureties of Rs.50,000/- (Rupees Fifty Thousand) each, out of which one must be local to the satisfaction of the learned Chief Judicial Magistrate, Alipurduar and on further condition that the petitioner shall meet the Inspector-in-Charge, Samuktala Police Station twice in a week until further orders. 8. The petitioner shall appear before the trial court on each and every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence and/or commit any cognizable offence in any manner whatsoever. 9. In the event the petitioner fail to adhere to any of the conditions stipulated above without justifiable cause, the trial court shall be at liberty to cancel the petitioner’s bail 3 in accordance with law without further reference to this Court. 10. The application for bail is, accordingly, allowed. 11. CRM(M) 139 of 2026 is disposed of. (Md. Shabbar Rashidi, J.)