Abdul Alim v. State Of West Bengal

02.07.2026

IN THE HIGH COURT AT CALCUTTA

Item No.283 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc.

Allowed C.R.M. (M) 1086 of 2026 In Re : An Application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, filed in connection with Chanchal Police Station Case No. 1201 of 2025 dated 24.09.2025 under Section 103(1) of the Bharatiya Nyaya Sanhita, 2023 (G.R. Case No. 4378 of 2025). And In Re :

Abdul Alim ... Petitioner.

Mr. Krishan Ray, Mr. Arup Sarkar, Mr. Sourav Mukherjee, Mr. Raja Das, Ms. Isita Kundu ... For the Petitioner.

Mr. L. Vishal Kumar, Mr. Neel Chakraborty ... For the State.

Mr. Amit Ranjan Pati, Ms. Swastika Chowdhury, Ms. Ilika Nag, Mr. Dip Dutta, Mr. Avijit Chatterjee ... For the de facto complainant.

Learned advocate appearing for the petitioner submits that the petitioner is in custody for more than nine months and although charge-sheet was submitted in the month of December 2025, but there was specific observation of the investigating officer of the case that there is no evidence against the present petitioner viz. Abdul Alim. There has been direction for further investigation by the learned Additional Chief Judicial Magistrate, Chanchal, Malda.

Learned advocate appearing for the de facto complainant submits that another writ petition has been preferred before this Hon'ble Court.

However, learned advocate appearing for the State is unable to controvert the issue relating to the locus of the present petitioner as the investigating officer of the case initially prayed for discharge against this accused person. As further investigation of the case is pending, so far as the merits of the case is concerned, I am not inclined to comment on the same, but having regard to the detention of the present petitioner after the observation of the investigating officer of the case, I am of the view 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., Abdul Alim 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 Chief Judicial Magistrate, Malda.

If on bail, the petitioner shall make himself available before the Investigating Officer of the case as and when called for.

The application for bail, being CRM (M) 1086 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.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)