Jay Karmakar v. State Of West Bengal

25.06.2026 Court No.35.

D/L.57.

Rakib (Allowed) CRM (M) 858 of 2026 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Naihati GRPS Police Station case no. 12 of 2024 dated 20.03.2024 under Sections 302/201 of the Indian Penal Code, 1860.

And In the matter of : Jay Karmakar.

......Petitioner.

Mr. Abhishek Verma Mrs. Atulya Sinha Verma Mr. Swaraj Naskar .....for the Petitioner.

Mr. Pinaki Bhattcharya Ms. Nayana Mukhopadhyay ......for the State.

Learned advocate appearing for the petitioner submits that petitioner is in custody for two years three months and out of 19 witnesses till date 1 witness has been examined by the prosecution. Learned advocate appearing for the State opposes the prayer for bail and draws the attention of the Court to the post-mortem report which supports the prosecution case regarding the death of the deceased.

I have taken into account the materials and I find that the case is based on circumstantial evidence, petitioner is in custody on the foundation of last seen theory.

Having regard to the fact that another 18 witnesses are yet to be examined and there are no criminal antecedents reflected in the report submitted by the police authorities, I am inclined to release

the petitioner on bail. Accordingly, the prayer for bail of the petitioner is allowed.

As such, the petitioner, namely, Jay Karmakar 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 Chief Judicial Magistrate, Sealdah.

If on bail, the petitioner shall be physically present on each and every date before the learned Trial Court and shall not leave the jurisdiction of district of North 24 Parganas without prior permission of the learned Trial Court.

Accordingly, CRM (M) No. 858 of 2026 is allowed. Memo of evidence submitted by the State be kept with the record.

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.)