Calcutta High CourtCRM(M)/149/2026allowed

Badal Sk v. State Of West Bengal And ANR

2026-02-05Hon'Ble Justice Tirthankar Ghosh2 pages

05.02.2026 Court No.35.

D/L. 29.

Kausik (Allowed) CRM (M) 149 of 2026 In Re: An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 439 of the Code of Criminal Procedure, 1973 in connection with Harishchandrapur Police Station Case No. 1061 of 2025 dated 29.09.2025 under Sections 69/77/294(2)(b)/351(3) of the BNS, 2023. And In the matter of : Badal Sk.

......Petitioner.

Ms. Minoti Gomes Mr. Imdadul Hoque ......for the Petitioner.

Mr. Saifuddin Sk.

Mr. Sandipan Maity .....for the Defacto-Complainant.

Mr. Imran Ali Mr. Asraf Mondal ......for the State.

Learned advocate appearing for the petitioner submits that the petitioner is in custody for 125 days and the incident complained of was at a prior period of time.

Learned advocate for the State opposes the prayer for bail and draws the attention of the Court to the statement of the victim under Section 183 of the BNSS.

Learned advocate for the defacto-complainant submits that there were circulation of obscene materials for

blackmailing. However, from the charge sheet I do not find such materials. Although, the mobile phone was seized. Having considered the totality of the circumstances and the period of detention of the present petitioner, I am of the view further incarceration is unwarranted.

Accordingly, the prayer for bail of the petitioner is allowed.

Petitioner, namely, Badal Sk. shall furnish 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 Learned ACJM, Chanchal. If on bail petitioner shall be physically present on each and every date fixed by the learned Trial Court and shall not leave the jurisdiction of District of Malda without the prior permission of the learned Trial Court.

Accordingly, CRM(M) 149 of 2026 is allowed.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)