Calcutta High CourtCRM(M)/808/2026allowed

Akai Dafadar v. State Of West Bengal

2026-06-18Hon'Ble Justice Tirthankar Ghosh3 pages

18.06.2026 Serial no. 79 [G.S.D] CRM (M) 808 of 2026 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/under Section 483 of the BNSS, 2023 in connection with Nakashipara PS Case No. 257 of 2021 dt. 06.06.2021 u/s 302/120B/34 of the IPC and sections 25/27 of the Arms Act, charge-sheet submitted u/s 302/34 of the IPC. -AndIn the matter of : Akai Dafadar ... Petitioner(s) Mr. Prabir Majumder Mr. Snehansu Majumder Mr. D. Shil Ms. Anindita Kundu ... for the Petitioner(s) Mr. Bikash Kr. Singh ... for the State-respondent(s) Learned advocate for the petitioner submits that the petitioner is in custody since 16th June, 2021 and till date only nine witnesses have been examined out of 27 witnesses cited by the prosecution.

Learned advocate for the State opposes the prayer for bail and has drawn the attention of the court to the statement of the witnesses under Section 161 and Section 164 of the Cr.P.C. Learned advocate also submits that some persons have been granted bail, while some of the accused persons are in custody. According to the learned advocate, the petitioner's name do appear in the statement under section 164 of the Cr.P.C.

However, the records of the case reflect that both the deceased succumbed to injuries inflicted by fire arms. The accusations against the present petitioner relates to recovery of hansua.

Be that as it may, without entering into the merits of the case but because of the period of detention of the present petitioner for five year as also the fact there being no prospect of the trial concluding very soon, I am inclined to enlarge the petitioner on bail.

Hence, the prayer for bail of the petitioner is Allowed.

Accordingly, the petitioner viz, Akai Dafadar shall be released on bail upon furnishing 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 the learned Additional Sessions Judge, Fast Track Court-I, Krishnagar, Nadia. If on bail, the petitioner shall also make himself physically available on each and every date so fixed by the learned trial court and shall not leave the district of Nadia without prior permission of the learned trial court. Accordingly, CRM (M) 808 of 2026 is allowed.

Report submitted be kept with the record.

Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)