Sk Dulal v. State Of West Bengal

18.11.2025 Court No.35.

D/L. 55.

Kausik (Allowed) CRM (M) 1813 of 2025 In Re: An Application for bail under section 439 of the Code of Criminal Procedure 1973/Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Nandakumar Police Station Case No. 212/2020 dated 11.07.2020 under Sections 302/201/120B/34 of the Indian Penal Code.

And In the matter of : Sk. Dulal ......Petitioner.

Mr. Arnab Chatterjee Mr. Avik Ghosh Ms. Ankusha Ghosh ....for the Petitioner.

Mr. Sanjoy Banerjee Ms. Nahid Ahmed ....for the State.

Learned advocate appearing for the petitioner submits that the petitioner is in custody for 5 years and 4 months and till date out of the 30 witnesses proposed to be examined only 10 witnesses have been examined.

Learned advocate for the State opposes the prayer for bail and submits that there are few more vital witnesses to be examined by the prosecution.

It has also been contended that from the materials appearing in the case diary the relationship between the petitioner and the offender has been established.

Be that as it may, the petitioner is in custody for 5 years and 4 months. Having regard to the period of detention of the petitioner and the provisions of Article 21 of the Constitution of India, without entering into the merits of the case, I am of the view that further detention of the petitioner is unwarranted. As such the prayer for bail of the petitioner is allowed. Petitioner, namely Sk. Dulal, 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 CJM, Tamluk. If on bail petitioner shall be physically present on each and every date fixed by the learned Trial Court. Petitioner shall not leave the jurisdiction of District Purba Medinipur without prior permission of the learned Trial Court.

Accordingly, CRM (M) 1813 of 2025 is allowed. The Officer-in-Charge, Nandakumar Police Station is present before this Court pursuant to the earlier direction. His further appearance before this Court is dispensed with. 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.)