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2026 DAILYLAW 38732 (CAL)

NITAI MALO v. STATE OF WEST BENGAL

CRM(R)/91/2026 · 2026-09-07

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

07.09.2026 Serial no. 9 [G.S.Das] Assistant Registrar (Court) CRM (R) 91 of 2026 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/under Section 483 of the BNSS, 2023 in connection with Swarupnagar PS Cse No. 115 of 2024 dated 27.02.2024 u/s 14A(b) Foreigners Act and 12 Passport Act. -And- In the matter of : Nitai Malo … Petitioner(s) Mr. Pabitra Biswas … for the Petitioner(s) Ms. Rajarshree Venket Kundalia Ms. Priyanka Chandra … for the State-respondent(s) Learned advocate for the petitioner submits that the petitioner was arrested on 27.02.2024 and since then he is in custody. Learned advocate canvassed that till date charges have not been framed and the prescribed punishment is for a fixed term. Learned advocate for the State opposes the prayer for bail. I have taken into account the materials appearing in the case dairy. There are materials to suggest regarding the charges for which the petitioner has been asked to face trial but as till date charges have not been framed, I am of the opinion that further detention of the present petitioner is unwarranted as the petitioner is in custody for two years six months. 2 Hence, the prayer for bail of the petitioner is Allowed. Accordingly, the petitioner viz, Nitai Malo shall be released on bail upon furnishing bond of Rs.20,000/-(Rupees Twenty Thousand only), with two sureties of Rs.10,000/- (Rupees Ten Thousand only) each, one of whom must be local, to the satisfaction of the ACJM, Basirhat, North 24 Parganas. If on bail, the petitioner shall also make himself physically available on each and every date so fixed by the learned trial court and shall not leave the district of North 24 Parganas without prior permission of the learned trial court. It is clarified that in this case so far as the local surety is concerned, the same must be the original title deed of a property deposited with the learned ACJM, Basirhat, North 24 Parganas Accordingly, CRM (R) 91 of 2026 is allowed. Pending application(s), if any, is also disposed of. Memo of evidence submitted be kept with the record. Parties to act on a server copy of this order duly collected from the official website of the Hon’ble High Court, Calcutta. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities. (Tirthankar Ghosh, J.) 3