29.07.2026 Item No.2 Court No.9 CHC (Allowed) Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Side C.R.M.(M) 213 of 2026 In Re:- An application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023; in connection with Rajganj Police Station Case No.26 of 2026 dated 22.01.2026, under Sections 117(2)/109 of the Bharatiya Nyaya Sanhita (BNS), 2023 and Charge Sheet No.130 of 2026 dated 31.03.2026 submitted under Sections 118(2)/103(1)/238/351(3) of the Bharatiya Nyaya Sanhita, 2023. And In the matter of : Basirul Haque ...… petitioner Mr. Anirban Banerjee, Advocate …for the petitioner Mrs. Panchali Deb Sikder (Nag), Ld. Sr. Govt. Advocate Mr. Urgen Lama, Advocate Mr. Partha Pratim Sarkar, Advocate …for the State 1. Bail prayer of the petitioner is taken up for consideration. 2. It is submitted by the learned advocate for the petitioner that the petitioner has been in custody for 177 days. Investigation of the case has already concluded in a chargesheet. Chargesheet was submitted on March 31, 2026. The petitioner is no longer required in custody for the purpose of investigation. It is further submitted by the learned advocate for the petitioner that no specific overt 2 act has been attributed to the present petitioner in the incident. He prays for bail. 3. Learned advocate appearing for the State refers to various materials in the Case Diary including the statement of the victim recorded under Section 180 of the BNSS. He submits that the petitioner and the victim were in a relationship. Earlier, the victim had lodged a complaint against the principal accused i.e. the son of the present petitioner. The principal accused perpetrated the incident after being released on bail in such case. He opposes the prayer for bail. 4. From the materials in the Case Diary, it transpires that the petitioner happens to be the father of the principal accused. The victim lodged a First Information Report against the principal accused for having committed rape upon her. Later on, the principal accused was released on bail. 5. The principal accused is alleged to have forcefully taken the victim to the field where the victim was set on fire. The victim was medically treated at several hospitals. It is alleged that the present petitioner was called upon by the principal accused after the incident and both of them took the victim to the hospital for medical treatment. 6. I have gone through the statements of the witnesses recorded under Section 180 BNSS as well as the dying declaration of the victim recorded in the hospital. 3 7. Be that as it may, the materials in the Case Diary reveal that the injured victim was taken to hospital by the principal accused with the assistance of the present petitioner. There are allegations that the present petitioner assisted the principal accused to take the victim to the hospital for her medical treatment where she died ultimately. The dying declaration of the victim recorded in the hospital is otherwise. 8. Taking into consideration of the aforesaid facts and circumstances, the nature of allegations made as against the petitioner as also taking into account that the petitioner has been in custody for 177 days and the investigation of the case has already concluded, I am inclined to enlarge the petitioner on bail. 9. Consequently, prayer for bail of the petitioner is allowed. 10. 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 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 trial court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever. 11. In the event, petitioner fails to appear before the trial court without any justifiable cause, the trial court shall 4 be at liberty to cancel the bail in accordance with law without further reference to this Court. 12. CRM(M) 213 of 2026 is disposed of. (Md. Shabbar Rashidi, J.)