Md. Nuhiruddin @ Md. Mahiruddin @ Mahiruddin v. State Of West Bengal

June 26, 2025 17 ARDR (Allowed) CRM (DB) 1125 of 2025 In Re : An Application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Ranitala Police Station Case No. 249 of 2023 dated 13/7/2023 under Sections 420/409 of the Indian Penal Code.

And In Re :

Md. Nuhiruddin @ Md. Mahiruddin @ Mahiruddin ... Petitioner.

Sr. Adv. Sekhar Kumar Basu, Adv. Dattatreya Dutta, ... for the petitioner.

Adv. Soumik Ganguly, Adv. Arup Sarkar, ... for the State.

Report submitted by the State is taken on record. Heard learned counsels for the parties.

Though it appears from the report that the letter issued by the members of the Managing Committee on 29th January, 2021 is not found in the record of the District Inspector's office of the relevant time, issuance or genuineness of the letter is not in dispute. Also, "no liability certificate" issued in favour of the petitioner by the head of the institution/appointing authority as well as the District Inspector of Schools (Secondary) on 2nd May, 2023 indicates that the petitioner had no liability with regard to the school during his service period. The petitioner is in custody for more than a year after having surrendered before the learned trial Court. Charge sheet has been submitted.

Considering the material on record as well as the extent of complicity of the petitioner in the alleged offence, this Court is of the view that further detention of the petitioner is not required and he may be released on bail.

Accordingly, the prayer for bail is allowed.

The petitioner namely Md. Nuhiruddin @ Md. Mahiruddin @ Mahiruddin be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten Thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Berhampore, Murshidabad subject to the condition that he shall appear before the learned trial Court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever. In the event the petitioner fails to appear before the learned trial Court on any date without any justifiable cause, the learned trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

The application for bail is disposed of.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)