Sk. Jahangir And ORS. v. State Of West Bengal

30.07.2025 Sl No.20 Mujahid Ct No.25 (Allowed) CRM (M) 955 of 2025 In Re: An application for bail under Section 483 of the B.N.S.S., 2023 filed on 02.07.2025 in connection with Tamluk Police Station Case No. 445/2025 dated 05.06.2025 under Sections 329(4)/115(2)/117(2)/109/324(4)/303(2)/351(2)/189(2)/3(5) of the B.N.S., 2023.

And In the matter of : Sk. Jahangir & Ors.

... Petitioners.

Mr. Mr. Arnab Chatterjee, Mr. A. Mukherjee, ... for the petitioners.

Mr. Debabrata Chatterjee, Ms. Dhanashree Biswas ... ... for the State.

1.

Learned counsel for the petitioners submits that petitioners are in custody for the last 54 days. It has been submitted that even as per injury report, the offence of attempt to murder is not made out. Learned counsel fairly submits that those are name of the petitioners that appears in the testimony of witnesses, but their veracity is yet to be tested during the trial. 2.

Learned counsel for the State has opposed the bail application. Learned counsel submits that injuries suffered were serious in nature and therefore, the petitioners may not be admitted to bail.

3.

The court has considered the submissions, perusal of the earlier bail orders of the same case indicates that quarrel took place between two groups of the villages. There is a counter case

also. Te accused persons are in custody for the last 54 days. Investigation still continuing. The court at the stage of bail is to take a prima facie view, taking into account the period of incarceration and that fact that investigation still continuing. The petitioners be admitted to court bail on furnishing a personal bond Rs.10,000/- with a surety of the like amount to the satisfaction of learned ACJM, Tamluk. Subject to the conditions that till the completion of the investigation, the petitioners shall not enter the jurisdiction of P.S. Tamluk except for meeting the investigating officer as and when called or for attending the court. The petitioners shall also not contact the de facto complainant and other injured or witnesses nor shall threaten, intimidate or tamper with the witnesses.

4.

The application for bail is allowed.

5.

All parties shall act on the basis of the server copy of the order downloaded from the official website of this Court. 6.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Dinesh Kumar Sharma, J.)