10 20.08.2026 Court No.09. (S.Mandi) IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI APPELLATE SIDE CRM(M)/138/2026 In Re: - An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023. - And - In the matter of: - MUSTAK HUSSAIN@MUSTAK HUSIAN ..…Petitioner. Mr. Prajnadeepta Roy, Adv. Mr. Abhishek Singh, Adv. Mr. Jaimallya Bhattacharya, Adv. …for the Petitioner. Mr. Avrojyoti Das, Ld. APP Mr. Govinda Ghosh, Adv. Ms. Baishali Chakrabarty, Adv. ….for the State. 1. Learned Counsel for the petitioner has submitted that the petitioner is a patient of HIV positive and he has been infected after his lodgment in the Correctional Home at Siliguri Special Correctional Home. There is no chance of an early conclusion of the trial of this case. The petitioner’s payer for bail should be allowed on any condition, considering his deteriorating health. 2. The learned Additional Public Prosecutor opposes the prayer for bail. He has submitted that the petitioner has been kept isolated in the Siliguri Special Correctional Home and he is being provided with all necessary medical facilities. One report is filed from the side of the State which is kept on record. From the said 2 report, it transpires that the petitioner is under regular medical supervision and receiving Antiretroviral Therapy (ART). 3. Learned Counsel for the State has also relied upon a decision of the Hon’ble Apex Court reported in 2024 1 SCC 36 (The State of Meghalaya Vs. Lalrintluanga Sailo & Anr.) in support of his contention that even in serious ailments, the bail order was refused. However, the petitioner shall be given necessary treatment as and when required. 4. I have gone through the materials on record. It appears that the petitioner was arrested with Rs.2,97,000/- fake currency notes along with another. The charge-sheet shows that the petitioner has criminal antecedents. However, as the petitioner is an HIV patient, he should be treated by the medical experts. If it is needed, the petitioner should be shifted to the center of North Bengal Medical College and Hospital for his treatment. 5. However, in view of the serious allegations against the present petitioner, I am not inclined to allow the prayer for bail of the petitioner at this stage. 6. The application for bail is, thus, rejected. 7. Let a copy of this order be sent to the Superintendent of Siliguri Special Correctional Home for his information and necessary action. 8. The Office of the Registrar, Circuit Bench, Jalpaiguri is to communicate this order to the Superintendent of Siliguri Special Correctional Home. 3 9. All parties shall act on the server copies of this order duly downloaded from the official website of this Court. 10. Criminal Section is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities. (Apurba Sinha Ray, J.)