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Calcutta High CourtCRM(M)/331/2025allowed

Aliul Sk @ Soleman v. State Of West Bengal

2025-05-19Hon'Ble Justice Suvra Ghosh2 pages

19.05.2025 Ct. No. 34 Item No. 16 Sws.M Allowed C.R.M. (M) 331 of 2025 In Re : An Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with English Bazar Police Station Case No. 1365 of 2024 dated 25.09.2024 under Sections 179/180 of the Bharatiya Nyaya Sanhita. And In Re : Aliul Sk @ Soleman .... Petitioner Mr. Tapodip Gupta ... For the Petitioner.

Ms. Baisali Bose Mr. Rahul Gangul ... For the State.

The petitioner is in custody for about 8 months and prays for bail.

Learned counsel for the petitioner submits that the seizure list does not bear the signature of the petitioner. Learned counsel for the State opposes the prayer. I have considered the material on record.

The seizure list showing seizure of fake Indian currency notes does not bear the signature of the petitioner. This prima facie creates doubt with regard to the seizure. Considering the material on record as well as extent of complicity of the petitioner in the alleged crime, this Court is of the view further detention of the petitioner is not required and he may be released on bail.

Accordingly, the prayer for bail is allowed.

The petitioner namely Aliul Sk @ Soleman shall be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten Thousand only) with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Malda, subject to condition that he shall appear before the learned trial Court on every date of hearing fixed

by the learned trial Court and shall not tamper with evidence or intimidate witnesses in any manner whatsoever. In the event the petitioner fails to appear before the learned trial Court on any date fixed for hearing without any justifiable cause, the learned trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court. The application for bail is disposed of.

Case diary be returned.

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

(Suvra Ghosh, J.)