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2025 Supreme(Online)(SC) 10406

SUPREME COURT OF INDIA
MR. JUSTICE SANJAY KAROL, MR. JUSTICE PRASHANT KUMAR MISHRA, JJ
MD. LOTHIBUDDIN @ BULON MIA – Appellant
Versus
THE STATE OF WEST BENGAL – Respondent
Petition(s) for Special Leave to Appeal (Crl.) No.7191/2025



Advocates:
For the Appellants/Petitioners: Mr. Sunando Raha, Mr. Sk Sayan Uddin, Mr. Kunal Malik
For the Respondents: Mr. Kunal Vajani, Ms. Shraddha Chirania, Mr. Kunal Mimani

The court granted bail based on the accused's prolonged custody and the need for trial cooperation, emphasizing protection against misuse of liberty.

Headnote:The challenge is made under the provisions of the Bharatiya Naya Sanhita, 2023, particularly concerning offences under Sections 126(2), 118(2), 109(1) and 61(2)(a). The petitioner was arrested on 27.08.2024 and challenges the preceding order of the High Court. The court found merit in the petition based on the circumstances of the case and granted bail. The issue framed by the court was the necessity of interference with the High Court's order. The court's reasoning emphasized the need for granting bail based on the period of custody and cooperation during trial. As a result, the Special Leave Petition is disposed of, with the petitioner directed to cooperate during trial and adhere to the terms set by the Trial Court.

Table of Content
1. petitioner challenges high court decision. (Para 1)
2. petitioner arrested under specific offences. (Para 2)
3. bail granted based on circumstances and previous custody. (Para 3 , 4 , 6)
4. disposition of special leave petition confirmed. (Para 7 , 8)

ITEM NO.4 COURT NO.12 SECTION II-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No.7191/2025 [Arising out of impugned final judgment and order dated 18-03-2025 in CRM(DB) No. 3818/2024 passed by the High Court at Calcutta]

MD. LOTHIBUDDIN @ BULON MIA PETITIONER(S)

VERSUS THE STATE OF WEST BENGAL RESPONDENT(S) IA No. 121069/2025 - EXEMPTION FROM FILING O.T.

Date : 04-08-2025 This matter was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE SANJAY KAROL HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA For Petitioner(s) :

Mr. Sunando Raha, Adv.

Mr. Sk Sayan Uddin, Adv.

Mr. Kunal Malik, AOR Signature Not Verified Digitally signed by NAVEEN D Date: 2025.08.04 Reason:

For Respondent(s) :

Mr. Kunal Vajani, Adv.

Ms. Shraddha Chirania, Adv.

Mr. Kunal Mimani, AOR Upon hearing the counsel the Court made the following

O R D E R

1. Petitioner challenges the judgment and order dated 18.03.2025 in C.R.M.(DB) No.3818/2024 passed by the High Court at Calcutta.

2. The petitioner was arrested in connection with Crime No.144 of 2024 registered at Labpur Police Station, Birbhum District, West Bengal for the offences punishable under Sections 126(2), 118(2), 109(1) and 61(2)(a) of the Bharatiya Naya Sanhita , 2023.

3. Having heard learned counsel for the parties, and perused the material placed on record, we are of the considered view that the petitioner has made out case for interference with the impugned order dated

18.03.2025.

4. Considering the totality of circumstances and also the fact that the petitioner was in custody since 27.08.2024, we are inclined to grant bail to the petitioner on such terms as may be fixed by the Trial Court. Ordered accordingly.

5. To comply with the order, the petitioner shall be produced before the Trial Court forthwith.

6. Trial expedited. The petitioner shall fully cooperate during the trial, and he shall not misuse the liberty in any manner, and shall extend complete cooperation in the trial of the instant case. It shall be open to the Trial Court to take all steps, including cancellation of bail, should the necessity arises.

7. Accordingly, the Special Leave Petition is disposed of.

8. Pending application(s), if any, shall stand disposed of.

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