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Calcutta High CourtCRM(M)/2192/2025allowed

Momin Ali And ORS. v. State Of West Bengal

2025-11-06Hon'Ble Justice Tirthankar Ghosh2 pages

06.11.2025 Court No.35.

D/L. 10.

sudipta (Allowed) CRM (M) 2192 of 2025 In Re: An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Duttapukur Police Station Case No. 701/25 dated 22.09.2025 under Sections 126(2) / 117(2) / 109 / 303(2) / 3(5) of the Bharatiya Naya Sanhita Act, 2023.

And In the matter of : Momin Ali & Ors.

......Petitioners Ms. Minoti Gomes Ms. Manika Sarkar ......for the Petitioners.

Mr. Arijit Ganguly Mr. Tirthankar Dhali ......for the State.

Learned advocate appearing on behalf of the petitioners submits that the petitioners are in custody for 44 days and the incident arose out of a scuffle. Learned advocate for the petitioner further submits that the petitioners have unnecessarily been implicated and further detention is unwarranted.

Learned advocate for the State has produced case diary and has drawn attention of the Court to the statements of the witnesses as well as the injury reports.

Having considered the injury report appearing in the Case Diary, I am of the view that further detention of the petitioners are unwarranted.

Accordingly, prayer for bail of the petitioners is allowed. Accordingly, the petitioners i.e. 1. Momin Ali, 2. Khokan Rahaman and 3. Rahamat Ali Mollah shall furnish bond of Rs. 20,000/- (Rupees Twenty Thousand only) each, with two sureties of Rs.10,000/- each, one of whom must be local to the satisfaction of the learned Chief Judicial Magistrate, Barasat.

If on bail, the petitioners shall make themselves available as and when called for by the Investigating Officer. Accordingly, CRM (M) 2192 of 2025 is allowed. 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.)