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Calcutta High CourtCRM(M)/657/2026allowed

Isab Sk @ Yusuf v. State Of West Bengal

2026-06-03Hon'Ble Justice Apurba Sinha Ray3 pages

03.06.2026 Item No.17 Ct. No. 7 PG C.R.M.(M) 657 of 2026 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure, 1973/under Section 483 of the B.N.S.S., 2023 in connection with Maheshtala Police Station Case No.228 of dated 12/05/2023 under Sections 302/201/212/109/112 of the Indian Penal Code. And In the matter of : Isab Sk. @ Yusuf ...................Petitioner Mr. Soubhik Mitter Mr. Joy Chakraborty Mr. Sandip Dinda.....for the petitioner Mr. Bhaskar Seth Mr. Neil Chakraborty ....for the State

1. Learned counsel for petitioner has submitted that the petitioner is in custody for more than 03 years. There is no material against the present petitioner. The principal accused was granted bail on the ground of terminal illness. The CCTV footage was not very clear. There is no chance of an early conclusion of the trial. Charge sheet was submitted on 05.08.2023 and the charge was framed on 13.06.2024.

2. Learned counsel for the State opposes the prayer for bail. According to him, this is a case of double murder and further he has admitted that the principal accused was granted bail due to his illness.

3. I have gone through the materials on record. It appears that charge was framed on 13.06.2024 and only 02 witnesses out of 30 witnesses have been examined. There is no chance of an early conclusion of the trial.

4. In view of the above, I am inclined to allow the prayer for bail of the present petitioner.

5. The petitioner shall be released on bail upon furnishing a bond of Rs. 10,000/- with two sureties of like amount each out of which one must be local to the satisfaction of the learned Chief Judicial Magistrate, South 24-Parganas at Alipore and on further condition that the petitioner shall meet the Inspector-in-Charge, Maheshtala Police Station once in a week until further orders.

6. The petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence and/or commit any cognizable offence in any manner whatsoever.

7. In the event the petitioner fails to adhere to any of the conditions stipulated above without justifiable cause, the trial court shall be at liberty to cancel the petitioner's bail in accordance with law without further reference to this Court.

8. The application for bail is, accordingly, allowed.

9. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Apurba Sinha Ray, J.)