Calcutta High CourtCRM(M)/2468/2025allowed

Tapas Kumal Pal v. State Of West Bengal And ANR

2026-02-11Hon'Ble Justice Tirthankar Ghosh3 pages

11.02.2026

IN THE HIGH COURT AT CALCUTTA

Item No. M/L.220 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc.

Allowed C.R.M. (M) 2468 of 2025 In Re : An Application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, filed in connection with Ausgram Police Station Case No. 1 of 2025 dated 02.01.2025 under Sections 90/105 of the Bharatiya Nyaya Sanhita, 2023 and Sections 5(3)/5(4) of the Medical Termination of Pregnancy Act, and Sections 27(1)/27(2)/29(1)/29(2)/30/33/34 of the West Bengal Clinical Establishments (Registration, Regulation and Transparency) Act, 2017.

And In Re :

Dr. Tapas Kumar Pal ... Petitioner.

Mr. Uday Sankar Chattopadhyay, Ms. Rajashree Tah, Ms. Trisha Rakshit, Ms. Aishwarya Datta, Ms. Bidisha Chakraborty, Ms. Sadia Parveen ... For the Petitioner.

Mr. Debasish Roy, Ld. PP, Mr. Rahul Ganguly ... For the State.

Mr. Pinak Kumar Mitra, Ms. Subhanwita Ghosh, Ms. Sudarshana Srivastava ... For the de facto complainant.

Learned advocate appearing for the petitioner submits that the petitioner is a doctor, who is presently aged about 78 years, suffering from Cancer. A document has been handed over to fortify the claim of the petitioner that the petitioner presently is at the ICU of Burdwan Medical College and Hospital.

Learned advocate appearing for the State, on the other hand, opposes the prayer for bail.

Learned advocate appearing for the de facto complainant also opposes the prayer for bail. I have taken into account the overall circumstances of the case and the fact that witness action has commenced. Having considered the age of the present petitioner without entering into the merits of the case, I am inclined to release the petitioner on bail. As such, the prayer for bail of the petitioner is allowed.

Accordingly, the petitioner viz., Dr. Tapas Kumar Pal shall be released on bail upon furnishing bond of Rs.20,000/-, with two sureties of Rs.10,000/- each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Purba Bardhaman.

If on bail, the petitioner shall be physically present on each and every date so fixed by the learned Trial Court. If exemption is prayed for, the same must be to the satisfaction of the learned Trial Court.

The petitioner shall also not leave the jurisdiction of the district of Purba Bardhaman without prior permission of the learned Trial Court.

The application for bail, being CRM (M) 2468 of 2025, is, thus, disposed of.

All concerned 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 with all requisite formalities.

(Tirthankar Ghosh, J.)