Calcutta High Court (Appellete Side)
Abdul Malek Mallick @ Abdul Malek Gazi vs The State Of West Bengal on 19 February, 2026
Author: Tirthankar Ghosh
Bench: Tirthankar Ghosh
M/L281 C.R.M. (M) 2674 of 2025 19.02.2026
Bpg.
In Re: An application for Bail under Section 483 of the Bhartiya Nagarik Allowed Suraksha Sanhita, 2023 filed in connection with Basirhat Police Station Case No.548 of 2025 dated June 20, 2025 under Sections 319(2)/318(4)/336(2)/336(3)/338/340(2) of Bharatiya Nyaya Sanhita, 2023 and Section 14A(b) of Foreigners Act, 1946;
Abdul Malek Mallick @ Abdul Malek Gazi Versus The State of West Bengal Mr. Sourav Chatterjee Ms. Namrata Chatterjee Ms. Sananda Chatterjee.
...for the petitioner.
Mr. Subhamay Bhattacharya Ms. Trisha Rakshit.
...for the State.
Learned senior advocate appearing for the petitioner submits that the petitioner is in custody for about 6 months. Charge-sheet has already been submitted, as such, at this stage there is no further requirement of the petitioner being detained in custody.
Learned advocate for the State opposes the prayer for bail and submits that the petitioner's name is appearing at two different places at Basirhat wherein the identification of the petitioner so far as his parents are concerned is incorrect. So far as one of the Epic Card is concerned, the same has been found to be genuine. So far as the communication of the BLO to the BDO is concerned, it has been informed that the petitioner has been staying at 175 Part within the jurisdiction of 125, Basirhat Uttar Assembly Constituency.
2Having considered that the petitioner along with his family is staying within the jurisdiction of the concerned police station for a considerable period of time, I am of the view that the petitioner be released on bail on the following terms and conditions:
(i) The petitioner, namely, Abdul Malek Mallick @ Abdul Malek Gazi shall be released on bail upon furnishing bond of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties of Rs.10,000/-
each, one of whom must be local to the satisfaction of the learned ACJM, Basirhat, North 24 Parganas.
(ii) If on bail, the petitioner shall meet once in a week with the Officer-in-Charge, Basirhat Police Station or the Officer deputed by him till further order of this Court.
(iii) The petitioner shall be physically present on each and every date fixed before the learned trial court and shall not leave the jurisdiction of learned ACJM, Basirhat, North 24 Parganas without the prior permission of the learned trial court. Accordingly, CRM(M) 2674 of 2025 is allowed. All 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 of all requisite formalities.
(Tirthankar Ghosh, J.) 3