MD.MACHLEM@MD.MALEM@MUSALEM v. THE STATE OF WEST BENGAL
CRM(A)/527/2026 · 2026-07-23
Shampa Sarkar
body2026
DailyLaw.ai
[ 2026 DAILYLAW 30066 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 30066 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
23.07.2026 Ct. No. 11 SL No.16 Cp Allowed CALCUTTA HIGH COURT IN THE CIRCUIT BENCH AT JALPAIGURI
CRM (A) No. 527 of 2026
In Re: - An application for anticipatory bail under section 438 of the Code of Criminal Procedure, 1973/Section 482 of the B.N.S.S. 2023, in connection with Kuchlibari Police Station Case No. 07 of 2026, dated 18.01.2026, under Sections 221/ 223/ 329(2)/ 303(2)/ 3(5) of the BNS, 2023.
And
In the matter of: Md. Machlem @ Md. Malem @ Musalem
….Petitioner.
Mr. Hillol Saha Podder Ms. Mousumi Das …for the Petitioner.
Mr. Kallal Ghosh Ms. Madhushri Dutta
… for the State.
The petitioners pray for pre-arrest bail. It is submitted that the petitioner was not present at the place of occurrence and there was no recovery of any alleged cattle from him. It is further submitted that the petitioner has been falsely implicated. Learned advocate for the State submits that the petitioner is a habitual offender and a cattle smuggler. Considering the contents of the FIR, this Court is inclined to allow the prayer for pre-arrest bail. Accordingly, this court directs that, in the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.50,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal
2 Procedure, 1973, corresponding to Section 482(2) of the B.N.S.S. 2023. The petitioner shall meet the investigating officer once a week and cooperate till conclusion of the investigation and shall not intimidate witnesses or tamper with evidence in any manner whatsoever. The petitioner shall also not leave the jurisdiction of the Kuchlibari police station. In case the petitioner fails to adhere to any of the conditions stated above, the learned jurisdictional court shall be entitled to cancel the bail without further reference to this court. The application for anticipatory bail, thus, disposed of. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.
(Shampa Sarkar, J.)