← Library
Calcutta High CourtCRM(M)/1227/2025disposed

Kalo Sekh And ORS. v. State Of West Bengal

2025-08-05Hon'Ble Justice Dinesh Kumar Sharma2 pages

05.08.2025 Sl. No.44 Mujahid Ct No.25 (Allowed) CRM (M) 1227 of 2025 In Re: An application for bail under Section 483 of the B.N.S.S., 2023 filed on 21.07.2025 in connection with Kalna Police Station Case No. 453 of 2025 dated 26.04.2025 under Sections 108/61(2)/74/3(5) of the B.N.S., 2023.

And In the matter of : Kalo Sekh & Ors.

... Petitioners.

Ms. D. Banerjee, Mr. M Gomes, Mr. P. Hajra ... for the petitioners.

Mr. Rana Mukherjee, Ld. APP, Mr. Anupam Das Adhikari ... ... for the State.

1.

Learned counsel for the petitioners is seeking bail on the ground of parity as the similarly placed accused persons were admitted to bail by this court on 1st August, 2025 in CRM (M) 1131 of 2025. Learned counsel for the petitioners submits that the hand writing report has been received and as per report, that the suicide note was in the hand writing of the deceased. 2.

This court had granted the bail to Nur Alam Sk and Jahangir Sk on 1st August, 2025. Their name also appeared in the suicide note. The only difference at that time the hand writing report had not been received. Though the hand writing report has been received, but still the same has to be proved in accordance with the law.

3.

The court, at this stage of bail has to take a prima facie view. The trial may take a long time. The court considers that the custody during trial cannot be converted into punitive custody. 4.

Thus, taking into account, facts and circumstances, the petitioners are admitted to bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of learned Additional Chief Judicial Magistrate at Kalna, Purba Bardhaman. Subject to the following conditions:- (i) The petitioners shall not contact any of the prosecution witnesses in any manner.

(ii) The petitioners shall meet the investigating Officer as and when directed.

(iii) The petitioners shall not shift his residence nor shall travel abroad without permission of the learned trial court.

5.

The application for bail is allowed.

6.

All parties shall act on the basis of the server copy of the order downloaded from the official website of this Court. 7.

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.)