Lalbabu Kumar v. State Of West Bengal

11.06.2026 Court No.35.

D/L. 6.

Kausik (Allowed) CRM (M) 798 of 2026 In Re: An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 439 of the Code of Criminal Procedure, 1973 in connection with Saktigarh Police Station Case No. 86 of 2023 dated 01.04.2023 under sections 302/307/326/201/120B/34 of the Indian Penal Code, 1860 and Section 35 of the Arms Act, 1959.

And In the matter of : Lalbabu Kumar ......Petitioner.

Mr. Sourav Chatterjee, Sr. Adv.

Mr. Ayan Biswas ......for the Petitioner.

Mr. P.N. Sharma, APP Mr. Suman Chakraborty ......for the State.

Learned advocate appearing for the petitioner submits that the petitioner is in custody for 3 years and 1 month and till date 10 witnesses have been examined out of the 80 witnesses cited in the charge sheet. There is no possibility of the trial concluding in the near future and the other accused Indrajit Giri has been granted bail in CRM (M) 2109 of 2025. Learned advocate for the State opposes the prayer for bail and submits that 11 witnesses have been examined and the prosecution intends to tender 30 witnesses as a whole in order to support its case.

Learned advocate for the State however is unable to refute the contention that Indrajit Giri and the present petitioner are not on the same footing.

Having considered the period of detention of the present petitioner and his locus in relation to the other accused who has been granted bail, 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, Petitioner, namely, Lalbabu Kumar shall furnish 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 Learned CJM, Purba Burdwan.

If on bail, the petitioner shall be physically present on each and every date fixed before the learned Trial Court and shall not leave the jurisdiction of District of Purba Burdwan without prior permission of the learned Trial Court. The petitioner shall, after his release meet with the Officer-in-Charge of Saktigarh Police Station for a period of 6 months. It would be the discretion of the learned Trial Court either to waive such condition or continue with such condition as it deems fit and proper.

With the aforesaid observations CRM (M) 798 of 2026 is allowed.

All parties shall act in terms of server copy of the order 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.)