Calcutta High Court
CRM(M)/1024/2026 of TAPAS DURLAV Vs STATE OF WEST BENGAL on 10 September 2026
Court No.35. M/L. 30. Kausik (Allowed) CRM (M) 1024 of 2026 In Re: An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 439 of the Code of Criminal Procedure, 1973 in connection with Chakdaha Police Station Case No. 387 of 2025 dated 28.04.2025
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10.09.2026 Court No.35. M/L. 30. Kausik (Allowed)
CRM (M) 1024 of 2026
In Re: An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 439 of the Code of Criminal Procedure, 1973 in connection with Chakdaha Police Station Case No. 387 of 2025 dated 28.04.2025 under Sections 126(2)/118(2)/109/3(5) of the BNS, 2023.
And In the matter of : Tapas Durlav
……Petitioner.
Ms. Minoti Gomes
……for the Petitioner.
Mr. Krishnendu Bhattachariya
Ms. Shalini Bairagi
….for the State.
Learned advocate appearing for the petitioner submits that petitioner is in custody for 1 year and 5 months. Other accused persons have been released on bail. There is no possibility of the trial concluding in near future. As such petitioner on any stringent conditions be released.
Learned advocate for the State draws the attention of the Court to the injury report and insists that the present petitioner is the one who has inflicted the vital blows.
I have taken into account the nature of injuries which have been sustained by the victim and the complicity of the present petitioner. Present petitioner is not similarly situated as the other accused persons. However, he is in custody for 1
year and 4 months. Prosecution has relied upon 16 witnesses in order to establish its case. Although charges have been framed but witness action is yet to commence.
Having considered the overall circumstances which would comprise of both the injuries sustained by the accused and the period of detention of the accused, I am of the opinion that petitioner be released on bail on stringent condition.
Accordingly prayer for bail of the petitioner is allowed. Accordingly, Petitioner, namely, Tapas Durlav shall furnish bond of Rs. 20,000/- (Rupees Twenty Thousand Only) with two sureties of Rs. 10,000/- (Rupees Ten Thousand Only) each, one of whom must be local to the satisfaction of Learned ACJM, Kalyani, Nadia. If on bail, the petitioner shall be physically present on each and every date fixed before the learned Trial Court and shall not leave the jurisdiction of District of Nadia without the prior permission of the learned Trial Court.
Petitioner shall not enter into the jurisdiction of Chanchal Police Station and report to the jurisdictional police station once in a fortnight till the evidence of the vulnerable witnesses are over.
With the aforesaid observations CRM (M) 1024 of 2026 is allowed.
Memo of Evidence submitted be kept with the record.
All parties shall act in terms of server copy of the order 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.)