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Calcutta High CourtCRM(M)/902/2026allowed

Aktarul Sk v. State Of West Bengal

2026-06-30Hon'Ble Justice Tirthankar Ghosh3 pages

30.06.2026

IN THE HIGH COURT AT CALCUTTA

Item No.78 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc.

Allowed C.R.M. (M) 902 of 2026 In Re : An Application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, filed in connection with Islampur Police Station Case No. 135 of 2025 dated 07.03.2025 under Sections 126(2)/117(2)/118(2)/109/74/3(5) of the Bharatiya Nyaya Sanhita, 2023 (G.R. Case No. 1068 of 2025).

And In Re :

Aktarul Sk ... Petitioner.

Mr. Arnab Chatterjee, Mr. Avik Ghosh ... For the Petitioner.

Mr. Shataroop Purkayastha, Mr. Neel Chakraborty ... For the State.

Mr. Asif Dewan, Mr. Mehedi Masud ... For the de facto complainant.

Learned advocate appearing for the petitioner submits that the petitioner is in custody for 1 year 3 months. Charges have been framed and dates are being fixed for witness action. Another accused has been granted bail. Petitioner's involvement in the present case is more aggravated than the other accused viz. Tiarul Sk. Learned advocate appearing for the State opposes the prayer for bail.

Learned advocate appearing for the de facto complainant also opposes the prayer for bail. I have taken into account the statement of the eyewitnesses under Section 164 of the Code of Criminal Procedure. Having considered that there are no criminal

antecedents of the present petitioner which has been apprised to this Court and the genesis of the present case arose out of a dispute relating to a goat, I am of the opinion that without entering into the merits of the case, petitioner be released on bail. As such, the prayer for bail of the petitioner is allowed.

Accordingly, the petitioner viz., Aktarul Sk shall be released on bail upon furnishing bond of Rs.20,000/-, with two sureties of Rs.10,000/- each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Lalbagh, Murshidabad.

If on bail, the petitioner shall be physically present on each and every date so fixed by the learned Trial Court and shall not leave the jurisdiction of the district of Murshidabad without prior permission of the learned Trial Court. The petitioner also shall not enter the jurisdiction of Islampur Police Station till the evidence of the vulnerable witnesses is over. Such decision of the petitioner entering the jurisdiction of Islampur Police Station is left to the discretion of the learned Trial Court.

Memo of Evidence submitted by the learned advocate appearing for the State be kept with the record. The application for bail, being CRM (M) 902 of 2026, is, thus, disposed of.

All concerned parties shall act on the server copy of this order duly 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.)