Md. Ali Vs State of West Bengal — Murder and Culpable Homicide | Calcutta HC (2026)

Md. Ali Vs State of West Bengal — Murder and Culpable Homicide | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Release of petitioner Md. Ali on bail upon furnishing bond of Rs.20,000/- with two sureties of Rs.10,000/- each (one surety to be local), to the satisfaction of the learned Additional Chief Judicial Magistrate, Islampur, Uttar Dinajpur, subject to personal appearance before the Trial Court on every fixed date and abstention from leaving the district of Uttar Dinajpur without prior permission.

Issue for consideration

Whether the petitioner, in custody for more than 2 years 3 months and similarly placed as a co-accused already granted bail in CRM (DB) 486 of 2025, should be released on bail under Section 439 of the Code of Criminal Procedure, 1973 corresponding to Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Court's answer

Having considered that the petitioner is similarly placed as the other accused who has been granted bail in CRM (DB) 486 of 2025, the Court was inclined to release the petitioner on bail and allowed the prayer for bail.

Ratio / Principle

Petitioner Md. Ali is to be released on bail upon furnishing a bond of Rs.20,000/- with two sureties of Rs.10,000/- each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Islampur, Uttar Dinajpur.

Key takeaways

Bail is subject to conditions: the petitioner shall be physically present on each and every date fixed by the learned Trial Court and shall not leave the jurisdiction of the district of Uttar Dinajpur without prior permission of the learned Trial Court.ratio¶13

Detailed headnote1 paragraphs

Bail granted under Section 439 of the Code of Criminal Procedure, 1973 corresponding to Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 to Md. Ali, petitioner in C.R.M. (M) 2400 of 2025, arising out of Goalpokher Police Station Case No. 530 of 2023 dated 21.09.2023 (G.R. Case No. 2769 of 2023) under Sections 302/212/120B of the Indian Penal Code and Sections 25(i)(a)/27/35 of the Arms Act. The Court noted the petitioner had been in custody for more than 2 years 3 months and was similarly placed as a co-accused already granted bail in CRM (DB) 486 of 2025, an order unsuccessfully challenged by the State before the Hon'ble Supreme Court in Special Leave to Appeal (Crl.) No.17200/2025. On parity, the prayer for bail was allowed: release on bond of Rs.20,000/- with two sureties of Rs.10,000/- each (one local), to the satisfaction of the learned Additional Chief Judicial Magistrate, Islampur, Uttar Dinajpur, conditioned on physical presence before the Trial Court on every fixed date and no departure from the district of Uttar Dinajpur without prior permission. (Tirthankar Ghosh, J.; 09.02.2026)

09.02.2026 Item No. M/L.186 Ct.No.35 dc.

IN THE HIGH COURT AT CALCUTTA CRIMINAL MISCELLANEOUS JURISDICTION

Allowed

C.R.M. (M) 2400 of 2025

In Re : An Application for bail under Section 439 of the Code of Criminal Procedure, 1973 corresponding to Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Goalpokher Police Station Case No. 530 of 2023 dated 21.09.2023 under Sections 302/212/120B of the Indian Penal Code and under Sections 25(i)(a)/27/35 of the Arms Act (G.R. Case No. 2769 of 2023).

And
In Re : Md. Ali	... Petitioner.
Mr. Sourav Chatterjee, Sr. Adv., Mr. Soumya Nag	... For the Petitioner.
Mr. Anupam Das Adhikary, Ms. Trisha Rakshit	... For the State.

Learned senior advocate appearing for the petitioner submits that the petitioner is in custody for more than 2 years 3 months. According to the learned senior advocate, petitioner is similarly placed as the other accused person who has been granted bail in CRM (DB) 486 of 2025.

Learned advocate appearing for the State, on the other hand, opposes the prayer for bail and submits that the said order which was passed in CRM (DB) 486 of 2025 was challenged before the Hon’ble Supreme Court in Special Leave to Appeal (Crl.) No.17200/2025. However, the same was without any success.

Having considered that the petitioner is similarly placed as the other accused who has been granted bail in

2

CRM (DB) 486 of 2025, I am inclined to release the petitioner on bail. As such, the prayer for bail of the petitioner is allowed .

Accordingly, the petitioner viz., Md. Ali shall be released on bail upon furnishing bond of Rs.20,000/-, with two sureties of Rs.10,000/- each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Islampur, Uttar Dinajpur.

If on bail, the petitioner shall be physically present on each and every date so fixed by the learned Trial Court and shall not leave the jurisdiction of the district of Uttar Dinajpur without prior permission of the learned Trial Court.

The application for bail, being CRM (M) 2400 of 2025, is, thus, disposed of.

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

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

(Tirthankar Ghosh, J.)