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Calcutta High CourtCRM (DB)/3396/2024allowed

Mojibur Khan @ Mofijul Khan And ORS. v. State Of West Bengal

2025-01-17Hon'Ble Justice Tirthankar Ghosh2 pages

27.02.2026 Court No.35.

D/L.10.

Rakib CRM (DB) 3396 of 2024 With CRAN 2 of 2025 In Re: An Application for Relaxation of Condition of Bail under Section 483(1)(b) of the Bharatiya Nagarik Suraksha Sanhita, 2023. And In the matter of : Mojibur Khan @ Mofijul Khan & Ors. ......Petitioners.

Mr. Omar Faruk Gazi Ms. Susmita Das Ms. Shaoni Panda ......for the Petitioners.

Mr. Bidyut Kumar Roy Mr. Md. Kutubuddin ......for the State.

Mr. Robiul Islam Mr. Masooq Rahman .....for the de-facto complainant.

In Re: CRAN 2 of 2025 Learned advocate appearing for the applicants/petitioners has prayed for relaxation of conditions of bail which was granted on 17.01.2025. There were conditions which were imposed while bail being granted.

I find from the report submitted by the State that there are other accused persons who are still absconding. Proclamation and attachment are pending against those accused persons. Although, records do not reflect that any warrant of arrest is pending against these three petitioners but having considered that the trial is at a stage where commitment proceedings till date did not take place, in spite of case being registered under Saktipur Police Station case no.

171 of 2024, I am of the opinion that at this stage it would not be fit and proper to waive or relax the conditions.

Accordingly, application being CRAN 2 of 2025 is rejected at this stage.

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.)