Sukhen Kirtaniya v. State Of West Bengal

03.12.2025 Court No.35.

M/L. 122.

Kausik (Allowed) CRM (M) 1655 of 2025 In Re: An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 439 of the Code of Criminal Procedure, 1973 in connection with Nabadwip Police Station Case No. 218 of 2024 dated 05.04.2024 under Section 341/323/326/307/302/506/34 of the Indian Penal Code; And In the matter of : Sukhen Kirtaniya ......Petitioner.

Mr. Atis Kumar Biswas Mrs. Jyoti Agarwal ......for the Petitioner.

Mr. Bitasok Banerjee Mr. Sandip Kundu ......for the State.

Petitioner is in custody for 1 year and 3 months and after the charge sheet has been submitted, charges have been framed, presently 5 witnesses out of the proposed 25 witnesses have been examined.

Learned advocate submits that the incident complained of, even if it is accepted in its entirety, lacks culpability so far as the petitioner is concerned.

Learned advocate for the State opposes the prayer for bail, draws the attention of the Court to the dying declaration of the victim, the post-mortem report and the statement of the witnesses.

Having considered the period of detention of the petitioner and that there are no adverse report that the

petitioner is trying to tamper with any evidence and/or attempting to flee away from the process of law, I am inclined to release the petitioner on bail.

Consequently, the prayer for bail of the petitioner is allowed.

Petitioner, namely, Sukhen Kirtaniya shall furnish 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 Learned ACJM, Nabadwip.

If on bail, petitioner shall be physically present on each and every date fixed by the learned Trial Court and shall not leave the jurisdiction of the District of Nabadwip without the permission of the learned Trial Court.

Accordingly, CRM (M) 1655 of 2025 is allowed. Additionally, in view of the prayer advanced by the prosecution, the petitioner would reside outside the jurisdiction of ACJM, Nabadwip and will enter the said jurisdiction only for the limited purposes of attending the Court.

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.)