Mohammed Alim v. State Of West Bengal

15.07.2025 SL No.35 Court No.32 S.Gayen

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION APPELLATE SIDE C.R.M.(A) 1922 of 2025 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Tiljala Police Station Case No. 585 dated 09.12.2024 being GR No. 7280 of 2024 under Sections 85 read with Sections 338/336(2)/340(2)/351(2)/74/3(5) of the Bharatiya Nyaya Sanhita, 2023 read with Section 12 of the Passport Act, 1967.

-AndIn the matter of: Mohammed Alim

...Petitioner

Mr. Arun Kumar Maiti (Mohanty) Ms. Kaberi Sengupta Mohanty Mr. R. R. Mohanty Ms. Snigdha Ghosh Ms. Puspita Chowdhury Ms. Rajorna Majumder Ms. Deblina Basu ...for the Petitioner Mr. Saryati Datta Ms. Chandreyee Dutta ...for the State Mr. Sumit Routh Mr. Suraman Sarkar ...for the de facto complainant

1. This instant application has been filed with a prayer for anticipatory bail.

2. Learned counsel appearing on behalf of the petitioner has submitted that the allegation made in this case is regarding forgery of documents of daughters of the petitioner and obtaining passport for transfer to United Kingdom. It is also submitted that

there is no criminal antecedent of the petitioner and this is not a case of custodial trial.

3. Learned counsel appearing on behalf of the de facto complainant has submitted that the name of the mother of the daughters was forged.

4. Learned counsel appearing on behalf of the State has vehemently opposed the anticipatory bail prayer and relied on the case diary particularly the name of the mother of the daughters.

5. Having heard the learned counsel and the materials placed before this Court, I find that this is not a case for custodial trial.

6. Accordingly, the application for anticipatory bail is, thus, allowed.

7. I direct that in the event of arrest, 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 of Rs. 5,000/- (Rupees Five Thousand only) each, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 482(2) of BNSS, and on further condition that the petitioner shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court.

8. Thus, the application for anticipatory bail being C.R.M. (A) 1922 of 2025 stands disposed of.

9. Leave is granted to the learned advocate for the petitioner to make necessary corrections in the cause title.

(Bibhas Ranjan De, J.)