Tajmal Haque v. The State Of West Bengal

July 09, 2025 4 ARDR (Rejected)

IN THE HIGH COURT AT CALCUTTA

IN THE CIRCUIT BENCH AT JALPAIGURI

C.R.M. (M) 169 of 2025 With CRM 405 of 2020 (Already disposed of) In Re : An Application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Rajganj Police Station Case No. 241 of 2019 dated 05/8/2019 under Sections 498A/304B/302 of the Indian Penal Code And In Re :

Tajmal Haque ... Petitioner Mr. Jaydeep Kanta Bhowmik, Mr. Sayantan Bhowmik, Mr. Subham Kumar, Ms. Sayantani Das ... for the Petitioner.

Mr. Aditi Shankar Chakraborty, Mr. Dr. Arjun Chowdhury, ... For the State.

This is an application for bail.

Learned advocate for the petitioner submits that the petitioner has been in custody since 6th February, 2025. Investigation of the case has ended in a charge sheet and charges stood framed, but till date no witness has been examined on behalf of the prosecution. Hence, he prays for bail. Leaned advocate appearing for the State submits that the petitioner initially approached this Court for grant of an anticipatory bail. His prayer was rejected. However, after a lapse of four years, the petitioner surrendered before the learned Court with the order where his prayer was rejected representing that he was granted bail by such order. Consequently, he obtained bail from the learned jurisdictional Court on the strength of an order where his

prayer was rejected. Subsequently, the fraud practiced was unearthed and the jurisdictional Court proceeded to cancel his bail. It is submitted by the learned advocate appearing for the State that for such conduct the prayer of the petitioner should be rejected. He also relies on the material in the Case Diary. The petitioner has been charged with an offence inter alia, under Section 302 of the Indian Penal Code. There appears to be sufficient materials in the Case Diary as against the petitioner. Moreover, the conduct of the petitioner does not inspire confidence to grant bail to the petitioner.

Under such circumstances, the prayer for bail of the petitioner stands rejected.

The application for bail being CRM (M) 169 of 2025 is according disposed of.

Case Diary be returned.

Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Md. Shabbar Rashidi, J.)