Sujan @ Sujan Sk @ Olihad Sk And ORS. v. State Of West Bengal

June 13, 2025 22 ARDR (Allowed) CRM (M) 417 of 2025 In Re : An Application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Lalgola Police Station Case No. 678 of 2024 dated 02/7/2024 under Sections 329/118/117(2)/109/303(2)/3(5)/103(2)/427 of the BNS.

And In Re :

Sujan @ Sujan Sk @ Olihad Sk & ors.

... Petitioners.

Adv. Soumyajit Das Mahapatra, Adv. Md. Gulam Nure Imrohi, Adv. Upasana Banerjee, ... for the petitioners.

Adv. Kiran Sk.

Adv. Sayed Hossain, ...for the defacto complainant.

Adv. Sheyashree Biswas, Adv. Karan Bapuli, ... for the State.

The petitioners voluntarily surrendered before the learned trial Court and are in custody for about three months. Learned counsel for the petitioner submits that co-accused standing on the same footing as the petitioner have been granted bail.

Learned counsel for the State and the defacto complainant oppose the prayer.

I have perused the material on record.

There was a free fight between the parties and both the parties apparently sustained injuries. One of them succumbed to his injury. The role of the petitioners as well as the co-accused who are on bail appear to be similar in the statement recorded under Section 164 of the Code of Criminal Procedure. Since the petitioners are

similarly circumstanced with the co-accused who are on bail, this Court is of the view that the petitioners deserve the same benefit. Accordingly, the prayer for bail is allowed.

The petitioners namely Sujan @ Sujan Sk @ Oilhad Sk, Erfan Sk @ Ali and Habik Sk @ Habibur Rahaman be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten Thousand only) each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Lalbagh, Murshidabad, subject to the condition that they 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 petitioners fail to adhere to any of the conditions stated above, the learned trial Court shall be at liberty to cancel their bail in accordance with law without further reference to this Court.

The application for bail is disposed of.

Case Diary be returned.

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.)