Nurel Jamal Mallick @ Nurer Jamal Mallick @ Kalo and Anr… — Anticipatory Bail | Calcutta HC (2025)

Nurel Jamal Mallick @ Nurer Jamal Mallick @ Kalo and Anr… — Anticipatory Bail | Calcutta HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail allowed for petitioner no.2, Halim Mallick: release upon arrest on a bond of Rs.10,000/- (Rupees Ten Thousand only) with one surety of like amount to the satisfaction of the Arresting Officer, subject to Section 438(2) CrPC / Section 482(2) BNSS conditions and appearance before the jurisdictional Court on every fixed date; the prayer for accused no.1 (Nurel Jamal Mallick) was dismissed as not pressed. The application was disposed of accordingly.

Issue for consideration

Whether anticipatory bail should be granted to petitioner no.2 (Halim Mallick) in connection with Arambagh Police Station Case No. 251 of 2025.

Court's answer

The prayer for anticipatory bail in respect of accused no.1, Nurel Jamal Mallick, stands dismissed as it was not pressed by his counsel.

Ratio / Principle

On careful perusal of the entire material collected so far in the case diary, the prayer for anticipatory bail of petitioner no.2 stands considered and allowed.

Key takeaways

In the event of arrest, petitioner no.2 Halim Mallick shall be released on bail on a bond of Rs.10,000/- with one surety of like amount, to the satisfaction of the Arresting Officer, subject to the Section 438(2) CrPC / Section 482(2) BNSS conditions and to the condition that he appear before the jurisdictional Court on every fixed date; on any violation, the jurisdictional Court may cancel the anticipatory bail and take steps to produce him in Court without further reference to this Court.ratio¶¶12

Detailed headnote1 paragraphs

Anticipatory bail — S.438 CrPC read with S.482 BNSS (CRM (A) 2035 of 2025) arising from Arambagh P.S. Case No. 251 of 2025 (dt. 02.05.2025) under Ss.3(5)/316(2)/318(4), Bharatiya Nyaya Sanhita, 2023, pending before the learned ACJM, Arambagh. Prayer for accused no.1, Nurel Jamal Mallick, dismissed as not pressed. On perusal of the case diary, anticipatory bail allowed for petitioner no.2, Halim Mallick: release on arrest on a bond of Rs.10,000/- with one like surety to the satisfaction of the Arresting Officer, subject to S.438(2) CrPC / S.482(2) BNSS conditions, with liberty to the jurisdictional Court to cancel the bail and secure production on any violation. Order disposed of by Bibhas Ranjan De, J. (17.07.2025).

44 17.07.2025 Ct. No. 32 ssi. Allowed

CRM (A) 2035 of 2025

In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Arambagh Police Station Case No. 251 of 2025 dated 02.05.2025 under Sections 3(5)/316(2)/318(4) of the Bharatiya Nyaya Sanhita, 2023, pending before the Court of the learned Additional Chief Judicial Magistrate, at Arambagh.

And

In the matter of : Nurel Jamal Mallick @ Nurer Jamal Mallick @ Kalo & another.

...… Petitioners Md. Masudur Rahaman Paik Ms. Ahamina Nasrin … For the petitioners Mr. Debasish Roy, Ld. PP Mr. Bidyut Kumar Ray, Sr. Adv. Mr. Kunal Ganguly … For the State Mr. Rajdeep Biswas Mr. Rabiuddin Ahmed …for the de facto

Learned counsel appearing on behalf of the petitioners has not pressed the application for anticipatory bail with respect to accused no.1 Nurel Jamal Mallick @ Nurer Jamal Mallick @ Kalo . Thus, the prayer for anticipatory bail in respect of Nurel Jamal Mallick stands dismissed being not pressed.

However, learned counsel appearing on behalf of the petitioners has prayed for anticipatory bail in respect of petitioner no.2.

Heard the learned counsels appearing on behalf of the de facto complainant as well as State.

2

After careful perusal of the entire material collected so far in the case diary, the prayer for anticipatory bail of the petitioner no.2 stands considered and allowed .

Accordingly, I direct that in the event of arrest, the petitioner no.2, namely, Halim Mallick shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand only), with one surety of like amount, to the satisfaction of the Arresting Officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973, corresponding to Section 482(2) of the BNSS and also on condition that the petitioner shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in case of any violation, the jurisdictional Court shall be at liberty to cancel the anticipatory bail and to take all steps to ensure the production of the petitioner/accused in Court without further reference to this Court.

Accordingly, CRM (A) 2035 of 2025 stands disposed of.

All parties shall act on the basis of a server copy of this order duly downloaded from the official website of this Court.

Criminal Section is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities.

(Bibhas Ranjan De, J.)