Ebrahim Sk @ Kata @ Israil Sk And ORS. v. State Of West Bengal

18.11.2025

IN THE HIGH COURT AT CALCUTTA

Item No.65 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc.

Allowed C.R.M. (M) 2135 of 2025 In Re : An Application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, filed in connection with Farakka Police Station Case No. 335 of 2024 dated 22.09.2024 under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023 (G.R. Case No. 3210 of 2024). And In Re :

Ebrahim Sk @ Kata @ Israil Sk and others ... Petitioners.

Ms. Minoti Gomes, Ms. Benajir Hasna, Mr. Aliul Islam, Mr. S. Haider ... For the Petitioners.

Mr. Iqbal Kabir, Mr. Abhinaba Mukherjee ... For the State.

Learned advocate appearing for the petitioners submits that the petitioners are in custody for more than 13 months, although charge-sheet has been submitted and charge has been framed, but there has been no progress in the proceedings. Learned advocate submits that because of family feud, the present petitioners have been victimised in this case. It is stated that there was a dispute between the de facto complainant and his elder brother when the present petitioners took the side of the younger brother who has also been implicated in connection with the instant case. Learned advocate appearing for the State, on the other hand, opposes the prayer for bail and submits that there have been recoveries made from the petitioners and so far as

petitioner no.3 is concerned, there is another case against him.

I have considered the period of detention of the petitioners as well as the factum of the other case which is completely different from the nature of the present case. Having regard to the same and the period of detention of the present petitioners, I am inclined to release the petitioners on bail. As such, the prayer for bail of the petitioners is allowed.

Accordingly, the petitioners viz., 1. Ebrahim Sk @ Kata @ Israil Sk, 2. Mosidal Hossain @ Mosidul Hossain @ Saddam Sk and 3. Mithun Sk shall be released on bail upon furnishing bond of Rs.20,000/- each, with two sureties of Rs.10,000/- each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Jangipur.

If on bail, the petitioners 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 Murshidabad without the leave of the learned Trial Court. Report submitted by the learned advocate appearing for the petitioner be kept with the record.

The application for bail, being CRM (M) 2135 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.)