Mirajul Haque @ Mirazul Haque @ Miraz v. The State Of West Bengal

CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

APPELLATE SIDE 19.12.2025 Court No.01 rpan/38 CRM (A) 951 of 2025 In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 438 of the Code of Criminal Procedure); And In Re: Mirajul Haque @ Mirazul Haque @ Miraz - Petitioner.

Mr. Biswarup Roy ...for the Petitioner.

Mr. Tapan Bhattacharjee, Mr. Subhasish Misra ...for the State.

Apprehending arrest in connection with Mekhliganj Police Station Case no.297 of 2025 dated 24.09.2025 under Sections 85/89/74/3(5) of the Bharatiya Nyaya Sanhita, 2023 read with Sections 3/4 of the Dowry Prohibition Act, 1961, the present application has been preferred.

Mr. Roy, learned advocate appearing for the petitioner submits that on the rudiments of unfound allegations the petitioner has been implicated. The ingredients of Section 89 of the Bharatiya Nyaya Sanhita, 2023 are not attracted against the petitioner. In the said conspectus, the petitioner may be granted anticipatory bail on any stringent condition.

Mr. Bhattacharjee, learned advocate appearing for the State opposes the petitioner's prayer and draws the attention of this Court to the statement of the witnesses and the injury report. Heard the learned advocates appearing for the respective parties.

Prima facie, from the materials on record it does not appear that the ingredients of Section 89 of the Bharatiya Nyaya Sanhita, 2023 are attracted against the petitioner. Considering the nature of accusations, the injury report and the extent of complicity of the petitioner in the alleged offence, I am of the opinion that custodial interrogation of the petitioner is not necessary. However, his movement needs to be restricted.

Accordingly, I direct that in the event of arrest the petitioner, namely, Mirajul Haque @ Mirazul Haque @ Miraz 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 arresting officer and subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 with a further condition that he shall meet with the investigating officer of the case twice in a week till investigation is complete.

The application for anticipatory bail, being CRM (A) 951 of 2025, is disposed of.

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