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2026 DAILYLAW 48104 (CAL)

MD TAJ v. STATE OF WEST BENGAL

CRM(M)/2347/2026 · 2026-10-08

Apurba Sinha Ray

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

08.10.2026 Sl. No. 7 Court No.550 Rohan (Allowed) IN THE HIGH COURT AT CALCUTTA CRIMINAL MISCELLANEOUS JURISDICTION APPELLATE SIDE C.R.M.(M) 2347 of 2026 In Re: An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Golabari Police Station Case No. 59 of 2026 dated 25.02.2026 under Sections 103(1)/238(a)/3(5)/61(2) of the Bharatiya Nyaya Sanhita, 2023 read with Sections 25/27 of the Arms Act. -And- In the matter of: Md Taj …Petitioner Mr. Tanvir Alam …for the Petitioner Mr. Brajesh Jha, APP Mr. Ansuman Bera Mr. Bibaswan Mukherjee … for the State 1. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case and he is in custody for about 210 days. The other accused persons have been granted bail by Hon’ble Coordinate Bench of this Court. Nothing has been recovered from the present petitioner and the principal accused persons have already been taken into custody. He further submits that the investigation is complete. In view thereof, the present petitioner may be granted bail on any condition. 2. Learned counsel for the State opposes the prayer for bail. According to him, the present petitioner was certainly involved with the commission of the offence since he provided the car and paid the fare of the car by which the principal accused persons fled 2 away from the place of occurrence. In this regard, relevant bank documents have been seized. CDR is also there 3. It appears from the record that the petitioner is in custody for about 210 days. He was not present at the place of occurrence when the offence took place. The investigation, insofar as the present petitioner is concerned, is complete in the sense that relevant documents have been seized. CDR is also collected. The principal accused persons, namely, Md. Harun Khan and Rafakat Hussain @ Rohit, who allegedly shot the victim, are already in custody. 4. In view of the above, I am inclined to allow the prayer for bail of the petitioner on certain stringent conditions. 5. Accordingly, the application for bail of the petitioner, namely, Md Taj is allowed. 6. I direct the petitioner will 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 a local, to the satisfaction of the learned Chief Judicial Magistrate, Howrah. The petitioner shall appear before the learned Trial Court on each and every day of substantive hearing subject to the provisions of Section 317 of the Code of Criminal Procedure, 1973/Section 355 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever. The petitioner shall not leave the jurisdiction of New Town Police Station, Kolkata except for the purpose of attending Court and shall meet the Inspector-in-Charge of the 3 New Town Police Station twice in a week until further order of the learned Trial Court. 7. In the event, the petitioner fails to comply with any of the conditions as stated above, the learned Trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court. 8. Thus, the application for bail being C.R.M. (M) 2347 of 2026 stands disposed of. 9. All parties shall act on the server copy of this order duly downloaded from the official website of this Hon’ble Court. 10. Urgent Photostat certified copy of this order, if applied for, be given to the parties upon compliance with all requisite formalities. (Apurba Sinha Ray, J.)