Calcutta High CourtCRM(M)/1476/2025allowed

Niyamat Sk. v. State Of West Bengal

2025-09-19Hon'Ble Justice Suvra Ghosh2 pages

September 19, 2025 11 ARDR (Allowed) CRM (M) 1476 of 2025 In Re : An Application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Kaliganj Police Station Case No. 271 of 2025 dated 26/3/2025 under Sections 103(1)/238/61(2) of the BNS, 2023.

And In Re :

Niyamat Sk.

... Petitioner.

Adv. Sandip Chakraborty, Adv. Amanul Islam, Adv. Sourav Mukherjee, Adv. Kaustav Das, Adv. Gourav Roy ... for the petitioner.

Adv. Asraf Mondal, Adv. Tushar Shil, ...for the de facto complainant.

Adv. Bibaswan Bhattacharya, Adv. Sachit Talukdar, ... for the State.

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

Learned counsel for the petitioner submits that there is no prima facie material connecting the petitioner to the alleged crime. Learned counsels for the State and the defacto complainant oppose the prayer.

I have considered the material on record.

The petitioner's name has transpired from the statement of the co-accused. The dead body of the victim was found lying on the railway track. There is no prima facie material on record which justifies further detention of the petitioner. Charge sheet has been submitted.

Considering the extent of complicity of the petitioner in the alleged offence, prayer for bail is allowed.

Accordingly, prayer for bail is allowed.

The petitioner namely Niyamat 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 Chief Judicial Magistrate, Nadia at Krishnanagar 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.

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.)