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2026 DAILYLAW 38828 (CAL)

ASADUL MOLLA v. STATE OF WEST BENGAL

CRM(M)/948/2026 · 2026-09-08

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

08.09.2026 IN THE HIGH COURT AT CALCUTTA Item No.26 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc. Allowed C.R.M. (M) 948 of 2026 In Re : An Application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Hatisala Police Station Case No. 183 of 2025 dated 29.10.2025 under Sections 85/316(2)/74/76/109/ 351(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023 (G.R. Case No. 8090 of 2025). And In Re : Asadul Molla ... Petitioner. Mr. Kalyan Kumar Bhattacharjee, Ms. Sahina Khatun ... For the Petitioner. Mr. Gouranga Kumar Das, APP, Mr. Anurag Sardar ... For the State. Mr. Moyukh Mukherjee, Mr. Abhijit Singh, Mr. Sahidur Rahman ... For the de facto complainant. Learned advocate appearing for the petitioner submits that petitioner is in custody for 285 days and there is no possibility of the trial commencing very soon. However, charge-sheet has been submitted. As such, petitioner be released on bail on any condition. Learned advocate appearing for the State opposes the prayer for bail, produces the case diary and draws the attention of the Court to the injury report. Learned advocate appearing for the de facto complainant opposes the prayer for bail and emphasises on the nature of the injury inflicted upon the victim and further submits that there has been no recovery of Streedhan 2 property as well as rest of the in-laws and other accused persons are absconding. I have taken into account the overall materials in the present case. The injury report which is available in the case diary is of 07.10.2024 and the letter of complaint addressed to the Officer-in-Charge upon which the FIR was registered is of 29.10.2025. Petitioner is in custody for more than nine months. Having considered the basic materials from the case diary, I am of the opinion that further detention of the present petitioner in connection with the instant case is unwarranted. As such, the prayer for bail of the petitioner is allowed. Accordingly, the petitioner viz., Asadul Molla shall be released on bail upon furnishing bond of Rs.20,000/-, with two sureties of Rs.10,000/- each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Baruipur. If on bail, the petitioner shall be physically present on each and every date before the learned Trial Court and shall not leave the jurisdiction of the district of South 24-Pargans without prior permission of the learned Trial Court. Memo of Evidence submitted by the learned advocate appearing for the State be kept with the record. The application for bail, being CRM (M) 948 of 2026, is, thus, disposed of. All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court. 3 Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Tirthankar Ghosh, J.)