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Calcutta High CourtCRM(DB)/90/2025allowed

Matiful Md@Md Matiful v. State Of West Bengal

2025-02-17Hon'Ble Justice Tapabrata Chakraborty,Hon'Ble Justice Prasenjit Biswas2 pages

CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

17.02.2025 Court No.01 rpan/19 CRM (DB) 90 of 2025 In Re:- An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Rajganj Police Station Case no. 331 of 2024 dated 07.09.2024 under Sections 108/318(2)/61(2) of the Bharatiya Nyaya Sanhita, 2023; And In Re : Matiful Md. @ Md. Matiful - Petitioner Mr. Jaydeep Kanta Bhowmik, Mr. Sayantan Bhowmick, Mr. Shubham Kumar, Ms. Sayantani Das ... for the petitioner.

Mr. Kallol Acharjee, Mr. Dhiman Sil ... for the State.

Mr. Bhowmik, learned advocate appearing for the petitioner submits that on unfounded allegations, the petitioner had been roped in. He himself surrendered on 14th December, 2024 and since then he is in custody. In the said conspectus, further detention of the petitioner may not be necessary. Mr. Acharjee, learned advocate appearing for the State opposes the petitioner's prayer and submits that the incident occurred within six months from the date of rituals as per Sariyat Law performed on 15th March, 2024. There are strong incriminating materials on record against the petitioner and that as such, the petitioner's prayer needs to be rejected at this stage, moreso when investigation is still continuing. Prima facie, it appears that the petitioner has been implicated on the basis of a telephonic conversation and it remains to be decided as to whether such conversation was

actuate with dishonest intention. Considering the contents of the complaints, the nature of accusations and the extent of complicity of the petitioner in the alleged offence, we are of the opinion that further detention is not necessary. Accordingly, we direct that the petitioner, namely, Matiful Md. @ Md. Matiful shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Jalpaiguri with a further condition that he shall meet with the investigating officer of the case once a week till investigation is complete.

It is further directed that the petitioner shall not intimidate/influence the witnesses or tamper with evidence in any manner whatsoever.

It is made clear that in the event the petitioner fails to comply with the aforesaid directions without any justifiable cause, the learned trial Court would be at liberty to cancel his bail without any further reference to this Court. The application for bail, being CRM (DB) 90 of 2025 is, accordingly, disposed of.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Prasenjit Biswas, J.) (Tapabrata Chakraborty, J.)