Sariful Islam @ Sariful Molla v. State Of West Bengal

01.12.2025

IN THE HIGH COURT AT CALCUTTA

Item No.90 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc.

Allowed C.R.M. (M) 1462 of 2025 In Re : An Application for bail under Section 439 of the Code of Criminal Procedure, 1973 corresponding to Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Haroa Police Station Case No. 148 of 2024 dated 13.04.2024 under Sections 302/307/326/325/120B/34 of the Indian Penal Code, 1860 (G.R. Case No. 1497 of 2024).

And In Re :

Sariful Islam @ Sariful Molla ... Petitioner.

Mr. Firdous Samim, Ms. Gopa Biswas, Mr. Mainak Ghosal, Ms. Ankita Ghosh ... For the Petitioner.

Mr. Sandip Chakraborty, Mr. Prakash Mishra ... For the State.

Learned advocate appearing for the petitioner submits that the petitioner is similarly placed as other accused persons who have been granted bail. Petitioner is in custody for 322 days, charge-sheet has already been submitted and there is no possibility of trial to be concluded in near future. As such, the petitioner, on any stringent conditions, may be released on bail.

Learned advocate appearing for the State, on the other hand, opposes the prayer for bail and produces the case diary.

I have considered the statements of some of the witnesses recorded under Section 164 of the Cr.P.C./Section

183 of the BNSS and on assessment of the same, I am of the opinion that the petitioner is similarly situated as other accused persons who have been granted bail. Having regard to the same, I am inclined to release the petitioner on bail. As such, the prayer for bail of the petitioner is allowed. Accordingly, the petitioner viz., Sariful Islam @ Sariful Molla shall be released on bail upon furnishing bond of Rs.20,000/-, with two sureties of Rs.10,000/- each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Basirhat. If on bail, the petitioner shall be physically present on each and every date so fixed by the learned Trial Court and shall not leave the jurisdiction of the district of North 24Parganas without the leave of the learned Trial Court. Case diary be returned to learned advocate appearing for the State.

The application for bail, being CRM (M) 1462 of 2025, is, thus, disposed of.

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

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)