Sultan Sk @ Jamirul @ Jamirul Sk v. State Of West Bengal
September 10, 2025 20 ARDR (Allowed) CRM (M) 1244 of 2025 In Re : An Application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Lalgola Police Station Case No. 967 of 2024 dated 24/9/2024 under Sections 302/201/34 of the Indian Penal Code. And In Re :
Sultan Sk. @ Jamirul @ Jamirul Sk.
... Petitioner.
Adv. Arnab Chatterjee, Adv. Abhinaba Mukherjee, ... for the petitioner.
Adv. Rituparna Ghosh, Adv. Subhajit Chowdhury, ... for the State.
The petitioner is in custody for more than 100 days and prays for bail.
Learned counsel for the State opposes the prayer. I have considered the material on record.
The alleged murder occurred on 27th April, 2024. The victim was beheaded. The inquest and postmortem examination were conducted on the same day. The dead body of the victim was taken to the hospital by the victim's son. Surprisingly no FIR was lodged on that date or thereafter by the victim's son or any other member of his family. On 24th September, 2024, i.e. after about five months of the alleged incident a suo motu FIR was lodged by the S.I. of police, Lalgola police station stating that he received information of the dead body of an unidentified male person lying in a mango plantation in front of the house of one Ali Seikh. No explanation has been recorded as to how the body was stated to be an unidentified body though the same was taken to the hospital by the victim's son on the date of the alleged incident. Also, it is not clear as to why a
suo motu FIR was lodged by the police and no regular FIR was lodged by the family members of the victim. The delay in lodging the FIR has not been explained. The fact of recovery of body stated in the FIR is contradictory to the material on record. The petitioner is the brother of the victim and has been implicated by the witnesses in the alleged offence at a belated stage only after the FIR was lodged. Charge sheet has been submitted. Material available in the Case Diary does not justify further detention of the petitioner. Accordingly, prayer for bail is allowed.
The petitioner namely Sultan Sk. @ Jamirul @ Jamirul 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 Additional Chief Judicial Magistrate, Lalbagh, Murshidabad subject to the condition that he shall remain outside the jurisdiction of Lalgola police station except for the purpose of appearing before the learned trial Court on every date of hearing and shall furnish the address where he shall henceforth reside before the learned trial Court, Investigating officer and the officer in charge of the concerned police station under whose jurisdiction he shall presently reside.
The petitioner shall appear before the learned trial Court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever. In the event the petitioner fails to adhere to any of the conditions stated above 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.)