Calcutta High CourtCRM(M)/59/2026allowed

Md. Atabul v. The State Of West Bengal And ANR

2026-03-24Hon'Ble Justice Debangsu Basak3 pages

24.03.2026 Item No9 Court No.7 CHC (Allowed) Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Side CRM(M) 59 of 2026 In Re:- An application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023;

in connection with Phansidewa Police Station Case No.353 of 2024 dated 08.09.2024, under Sections 126(2)/64/70(1)/109 of the Bharatiya Naya Sanhita, 2023.

And In the matter of : Md. Atabul ...... petitioner Mr. Arijit Ghosh, Advocate Ms. Angana Rakshit, Advocate Ms. Avisikta Das, Advocate ...for the petitioner Mr. Nilay Chakraborty, Ld. A.P.P.

Ms. Sukanya Adhikary, Advocate ...for the State Ms. Ankita Nag, Advocate ...for the de facto complainant

1. Petitioner is in custody for 115 days.

2. Co-accused was enlarged on bail by the coordinate Bench on April 7, 2025 passed in CRM(DB)118 of 2025.

3. Learned advocate appearing for the State refers to the statement of the victim recorded under Section 164 of the Criminal Procedure Code.

4. The statement of the victim recorded under Section 164 of the Criminal Procedure Code was taken into consideration by the coordinate Bench while granting bail to the co-accused.

5. On the ground of parity, it would be appropriate to grant bail to the petitioner.

6. Accordingly, it is ordered that the petitioner Md. Atabul, shall be released on bail upon furnishing a bond of Rs. 10,000/- (Rupees Ten Thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the Learned Additional Chief Judicial Magistrate, Siliguri and on further condition that upon being released on bail, the petitioner shall remain within the jurisdiction of local police station and shall meet the Officer-in-Charge/Inspector-in-Charge of the said police station twice a week, until further orders and shall not meet the persons acquainted with the facts of the case. The petitioner shall also furnish his mobile phone number, which he shall be using while on bail, to the police authorities and shall attend Court on all date fixed for trial. The petitioner shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever and shall not commit any cognizable offence in any manner whatsoever.

7. In the event petitioner fails to comply with any o the conditions stipulated above, the trial

Court shall be at liberty to cancel the bail in accordance with law without further reference to this Court.

8. The application for bail is, thus, allowed.

9. CRM(M) 59 of 2026 is disposed of.

(Debangsu Basak, J.)