Sk. Raju @ Sekh Saugat Ali And ORS. v. State Of West Bengal

43.

03.07.2025 Court No. 25 (Tanmoy) Allowed

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION CRM (M) 852 of 2025 In Re: - An application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, arising out of Tarakeswar Police Station Case No. 81/2025 dated 10.03.2025 under Sections 109/117(2)/3(5)/329(4)/351(2)/352 of the Bharatiya Nyaya Sanhita, 2023. Charge-sheet No. 128/2025 dated 08.09.2025 under Sections 109/117(2)/3(5)/329(4)/351(2)/ 352 of the Bharatiya Nyaya Sanhita, 2023.

And In the matter of: - Sk. Raju @ Sekh Saugat Ali & Ors. ...petitioners.

Mr. Sabir Ahmed Mr. Tasnim Ahmed Mr. Dhiman Banerjee Mr. Ezaz Ahmed ...for the petitioners.

Mr. Soumik Ganguli Ms. Rajashree Tah ...for State.

1. Learned Counsel for the petitioners states that in fact the petitioners were assaulted by the de facto complainant and others, on 9th of March, 2025, at around 5:30 p.m. at the residence of the petitioner no.3, in village Naskarpara, Police Station - Tarakeswar. The petitioners lodged a complaint against the de facto complainant and others with the Tarakeswar Police Station which was registered as FIR No.82/2025 dated 10th of March 2025.

2. Learned Counsel submits that the de facto complainant has been admitted to bail in the case registered as Tarakeswar Police Station Case No.82/2025 dated 10th of March 2025.

3. Learned Counsel submits that the de facto complainant lodged a false complaint being the present Case No.81/2025 dated 10th of March 2025, alleging an incident of 9th of March, 2025, in between 8:30 to 8:45 p.m., wherein the present petitioners, who have been in custody for more than 100 days, have been denied bail. He submits that chargesheet has already been filed and trial is in progress.

4. Learned State Counsel submits that the de facto complainant, in the present case, has suffered serious injuries. Learned Counsel, however, fairly submits that they have now been discharged.

5. Considering the nature of injuries and in view of the fact that investigation is complete and charge-sheet has already been filed and trial is in progress which may take a long time, the petitioners are admitted to bail.

6. Accordingly, the petitioners, namely, 1. Sk. Raju @ Sekh Saugat 2. Sk. Imran, 3. Mujibaor Rahaman Khan, 4. Kayem Khan shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand) each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Chandernagore, Hooghly, subject to condition that the petitioners shall appear before the Trial Court on each and every date of substantive hearing subject to the provisions of Section 317 of the Code of Criminal Procedure, 1973 / Section 355 of Bharatiya Nagarik Suraksha Sanhita,

2023, and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever.

7. In the event the petitioners fail to adhere to any of the conditions stipulated above without any justifiable cause, the Trial Court shall be at liberty to cancel their bail in accordance with law without further reference to this Court.

8. The application for bail being CRM (M) 852 of 2025 is accordingly disposed of.

9. Criminal Section is directed to make available urgent photostat certified copies of this order to the parties, if applied for, upon compliance with all requisite formalities. (Dinesh Kumar Sharma, J.)