Aktarul Sk And ANR. v. State Of West Bengal

10.12.2025 Court No.35.

D/L. 04.

Rakib (Allowed) CRM (M) 1498 of 2025 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Nabagram Police Station case no. 35 of 2023 dated 06.02.2023 under Sections 341/325/326/307/302/34 of the Indian Penal Code. And In the matter of : Aktarul Sk & Anr.

......Petitioners.

Mr. Milon Mukherjee, Sr. Adv, Mr. Joydeep Biswas Mr. Tapodip Gupta Mr. Suman Bhanja ......for the Petitioners.

Mr. Soumik Ganguly Mr. Karan Bapuli ......for the State.

Pursuant to the earlier directions dated 03.12.2025 the certified copy of the order dated 05.07.2025 has been furnished on behalf of the petitioners. The same reflects that petitioners have adopted the evidences of the earlier witnesses and waived their right to cross-examine further in respect of the witnesses on recall.

Prosecution intends to examine 23 more witnesses including an injured witness.

Having considered that the present petitioners are in custody since 16.01.2025 and 23 more witnesses are to be examined, I am of the opinion that there is no possibility of the trial concluding in near future. As such the prayer of the petitioners is allowed.

Accordingly, petitioners namely, Aktarul Sk and Amir Sohel Sk @ Amir Sohel shall be released on bail upon furnishing bond of Rs. 20,000/- (Rupees Twenty Thousand only), with two sureties of Rs. 10,000 (Rupees Ten Thousand only) each, one of whom must be local to the satisfaction of the learned Additional Chief Judicial Magistrate, Lalbagh, Murshidabad.

If on bail, the petitioners shall be physically present on each and every date so fixed before the learned trial Court and shall not leave the jurisdiction of district of Murshidabad without the prior permission of the learned trial Court. Additionally, the learned trial Court, if it appeals may impose any other conditions for ensuring the appearance of the present petitioners.

Accordingly, the application for bail being CRM (M) No. 1498 of 2025 is allowed.

Certified copy of the order dated 05.07.2025 furnished on behalf of the petitioners be kept with the record. All parties shall act in terms of server copy of the order 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.)