Nijamuddin Sk @ Md Nijam Uddin v. State Of West Bengal

September 10, 2025 18 ARDR (Allowed) CRM (M) 1399 of 2025 In Re : An Application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Labpur Police Station Case No. 219 of 2024 dated 9/12/2024 under Sections 498A/326/307 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

And In Re :

Nijamuddin Sk. @ Md. Nijam Uddin ... Petitioner.

Adv. Arnab Chatterjee, Adv. Debolina Goswami, ... for the petitioner.

Adv. Sujoy Sarkar, ...for the de facto complainant.

Adv. Shaila Afrin, Adv. Nirupam Dhali, ... for the State.

The petitioner is in custody for 66 days and prays for bail. Learned counsel for the petitioner submits that there was an alternation between the petitioner and his wife/the defacto complainant in which both sustained injuries. The dispute between the parties has been amicably settled and the parties have agreed to lead a happy matrimonial life together.

Learned counsels for the defacto complainant concedes to the submission of the petitioner and submits that the dispute has been amicably settled between the parties.

Learned counsel for the State seeks necessary order. The petitioner is the husband of the defacto complainant. Allegation against the petitioner is under Sections 498A/326/307 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

In view of subsequent change in circumstance of the case wherein the defacto complainant and the petitioner have settled the dispute between themselves amicably, this Court is inclined to hold that further detention of the petitioner is not required and he may be released on bail.

Accordingly, the prayer for bail is allowed.

The petitioner namely Nijamuddin Sk. @ Md. Nijam Uddin 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, Bolpur subject to the condition that he 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 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.)