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Calcutta High CourtCRM(M)/2171/2025allowed

Tafijul Mia @ Tafejul Mia v. State Of West Bengal

2026-01-29Hon'Ble Justice Tirthankar Ghosh2 pages

D/L 24 29.01.2026 Bpg.

Allowed C.R.M. (M) 2171 of 2025 In Re: An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Ratua Police Station Case No.61 of 2025 dated 29.01.2025 under Sections 126(2)/117(2)/118(2)/109/3(5) of the Bharatiya Nyaya Sanhita, 2023; Tafijul Mia @ Tafejul Mia

Versus

The State of West Bengal Mr. Kallol Mondal Mr. Souvik Das Mr. Sourav Mukherjee.

...for the petitioner.

Mr. Arijit Ganguly.

...for the State.

Mr. S. Shasmal.

...for the de facto complainant.

Learned advocate appearing for the petitioner submits that one Mofijul Mia has been granted anticipatory bail in connection with the instant case.

Learned advocate for the State is not in a position to distinguish the locus of the present petitioner as differently situated from that of the petitioner who has been granted anticipatory bail. Earlier on 06.01.2026 a co-ordinate Bench of this Court was pleased to direct whether the State has filed any application for cancellation of anticipatory bail in respect of the principal accused. Learned advocate for the State submits that he has received instruction that no such application for cancellation of anticipatory bail has been preferred.

Having regard to the locus of the present petitioner compared to the persons who have been granted anticipatory bail, I am of the view that further detention of the petitioner is unwarranted. As such, the prayer for bail of the petitioner is allowed. The petitioner, namely, Tafijul Mia @ Tafejul Mia shall be released on bail upon furnishing bond of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties of Rs.10,000/- each, one of whom must be local to the satisfaction of the learned ACJM, Chanchal, Malda. If on bail, the petitioner shall be physically present on each and every date fixed by learned trial court and shall not leave the jurisdiction of the district of Malda without the prior permission of the learned trial court.

Accordingly, CRM(M) 2171 of 2025 is allowed.

Report submitted by the State be kept with the record. All 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 of all requisite formalities.

(Tirthankar Ghosh, J.)