Md. Saddam Hossain @ Sk v. State Of West Bengal And ANR

21.08.2025 Item No.40 Ct.No.34 rc.

Allowed C.R.M. (M) 1006 of 2025 In Re : An Application for bail under Section 439 of the Code of Criminal Procedure read with Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Sagarpara Police Station Case No. 130 of 2022 dated 25.06.2022.

And In Re :

Md. Saddam Hossain @ Sk.

... Petitioner Mr. Arnab Chatterjee Mrs. Poulami Bose ... for the Petitioner Mr. Arijit Ganguly Mr. Arani Bhattacharjee ... for the State Mr. Sujoy Sarkar ..for the defacto complainant Heard learned counsels for the parties.

The petitioner is in custody for more than three years and prays for bail.

Learned counsel for the State opposes the prayer. The defacto complainant files an affidavit this day stating that she has no objection if the petitioner is released on bail.

I have considered the material on record. Allegation against the petitioner is serious in nature. Trial has commenced. Considering the period of detention of the petitioner vis-à-vis affidavit submitted by the defacto complainant, this Court is of the view that further detention

of the petitioner is not required and he may be released on bail.

Accordingly prayer for bail is allowed.

The petitioner Md. Saddam Hossain @ Sk., be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten Thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Murshidabad at Berhampur subject to condition that he shall appear before the learned trial Court on every date of hearing. He shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event the petitioner fails to appear before the learned trial Court on any date without justifiable cause, the learned trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court. The application for bail is, thus, disposed of. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)