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Calcutta High CourtCRM(M)/413/2026allowed

Ahasan Sk v. State Of West Bengal

2026-04-21Hon'Ble Justice Tirthankar Ghosh3 pages

21.04.2026

IN THE HIGH COURT AT CALCUTTA

Item No.11 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc.

Allowed C.R.M. (M) 413 of 2026 In Re : An Application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, filed in connection with Khargram Police Station Case No. 243 of 2025 dated 03.06.2025 under Sections 85/103(1)/61(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3/4 of the Dowry Prohibition Act.

And In Re :

Ahasan Sk.

... Petitioner.

Mr. Milon Mukherjee, Sr. Adv., Mr. Moniruzzaman ... For the Petitioner.

Ms. Sayanti Santra, Mr. Debanik Das ... For the State.

Mr. Manas Kumar Das, Mr. Aritra Kumar Thokdar, Mr. Prabal Das ... For the de facto complainant.

Learned senior advocate appearing for the petitioner submits that the petitioner is in custody since 12.06.2025 and has been implicated on the accusations of having murdered his wife.

Learned advocate appearing for the de facto complainant has emphasised on the statement recorded under Section 164 of the Code of Criminal Procedure of the daughter of the victim.

Learned advocate appearing for the State opposes the prayer for bail.

I have taken into account the materials appearing in the case diary. Records of the case reflect that marriage was solemnized 23 years ago. There are accusations that the petitioner having an illicit relationship with another lady which is the ground for commission of the said offence. Prima facie, the materials, which are appearing, are based on circumstantial evidence. Having regard to the period of detention and the fact that the case has been committed and charge-sheet reflects 31 witnesses on whom the prosecution proposes to rely upon which will consume time for taking the trial to its logical conclusion, I am of the opinion that further detention of the present petitioner in connection with the instant case is unwarranted. As such, the prayer for bail of the petitioner is allowed.

Accordingly, the petitioner viz., Ahasan Sk. 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, Kandi, Murshidabad.

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 Murshidabad without prior permission of the learned Trial Court. Case diary be returned to the learned advocate appearing for the State.

The application for bail, being CRM (M) 413 of 2026, 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.)