Calcutta High CourtCRM(M)/1142/2025allowed

Md Nadeem v. State Of West Bengal

2025-08-28Hon'Ble Justice Suvra Ghosh2 pages

August 28, 2025 33 ARDR (Allowed) CRM (M) 1142 of 2025 In Re : An Application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, filed in connection with Narkeldanga Police Station Case No. 14 of 2025 dated 18/1/2025 under Sections 61(2)/310(2)/311/317(3) of the BNS. And In Re :

Md. Nadeem ... Petitioner.

Adv. Asraf Mandal, Adv. Samirul Sardar, Adv. Arshad Hussain ... for the petitioner.

Adv. Ashok Das ... for the State.

The petitioner is in custody for more than 7 months and prays for bail.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated. Though the scooty from which part of the stolen booty was recovered belongs to him, the scooty was used by his brother who is a co-accused herein. The said brother allegedly kept the amount in the scooty beyond the knowledge of the petitioner.

Learned counsel for the State opposes the prayer. I have considered the material on record. Portion of the stolen booty was recovered from the scooty of the petitioner pursuant to the leading statement of the petitioner's brother Mr. Jasim. The material on record does not indicate any further implication of the petitioner in the alleged offence.

Considering the extent of complicity of the petitioner herein, prayer for bail is allowed.

The petitioner namely Md. Nadeem 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 Additional Chief Judicial Magistrate, Sealdah subject to the 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 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.)