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Calcutta High CourtCRM(M)/38/2026rejected

Rahamat Ali v. State Of West Bengal

2026-01-27Hon'Ble Justice Tirthankar Ghosh2 pages

27.01.2026

IN THE HIGH COURT AT CALCUTTA

Item No.34 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc.

Rejected C.R.M. (M) 38 of 2026 In Re : An Application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, filed in connection with Chanchal Police Station Case No. 129 of dated 05.02.2025 under Sections 329(3)/117(2)/118(2)/109/103(1)/3(5) of the Bharatiya Nyaya Sanhita, 2023.

And In Re : Rahamat Ali ... Petitioner.

Mr. Kallol Mondal, Sr. Adv., Mr. Krishan Ray, Mr. Souvik Das, Mr. Sourav Mukherjee ... For the Petitioner.

Mr. Soumik Ganguly, Ms. Debjani Sahu ... For the State.

Learned senior advocate appearing for the petitioner submits that the petitioner is in custody for 355 days and there is no possibility of the trial commencing. So far as the complicity of the present petitioner is concerned and on analysis of the statement of the injured, it would be transparent that the petitioner was involved as a post occurrence accused who has threatened the injured and/or other victim.

Learned advocate appearing for the State produces the case diary and submits that eight other accused persons are absconding. So far as the present petitioner is concerned, it is not only the fact that he has threatened, but the accusation includes within the phrase itself the attack

inflicted upon the petitioner and that too in the statement of the injured.

Having regard to the manner and the purpose for which the offence took place, I am not inclined to release the petitioner on bail. As such, the prayer for bail of the petitioner is rejected.

Case diary be returned to learned advocate appearing for the State.

The application for bail, being CRM (M) 38 of 2026, is, thus, dismissed.

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.)