Calcutta High CourtCRM(M)/1861/2025allowed

Sk. Majibul @ Majibul Rahaman @ Sk. Mojibul v. State Of West Bengal

2025-10-16Hon'Ble Justice Chaitali Chatterjee (Das)2 pages

16.10.2025 Item No.26 Ct. No. 16 PG C.R.M.(M) 1861 of 2025 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure, 1973/Section 483 of the B.N.S.S., 2023 in connection with Kankartala Police Station Case No.142 of 2023 dated 21.12.2023 under Sections 302/120(B)/34 of the Indian Penal Code.

And In the matter of : Sk. Majibul@ Majibul Rahaman @ Sk. Mojibul ...................Petitioner Md. Abdur Rakib Mr. Kunal Ganguly ....for the petitioner Mr. M. Sur Mr. Sarthak Mondal ....for the State

1. It is submitted on behalf of the petitioner that he is in custody for more than 01 year and 10 months and all other 8 co-accused persons are already on bail. No specific allegation was there against the present petitioner and he is in no way connected with the instant case.

2. The learned Prosecution raises strong objection.

3. Having heard learned counsel for the parties, careful perusal of the materials available in the case diary, contents of the FIR and all other evidences, it is seen that the present petitioner is similarly circumstanced with the other co-accused persons. It is also seen that number of accused persons are still at large.

4. Be that as it may, considering his long incarceration and the fact that charge sheet has been submitted in this case, this Court is inclined to allow the prayer for bail of the petitioner.

5. Accordingly, it is directed that the petitioner shall be enlarged on bail upon furnishing bond of Rs. 20,000/- (Rupees Twenty Thousand) only with two sureties of like amount one of whom must be local to the satisfaction of learned Chief Judicial Magistrate, Suri and also on condition that the present accused petitioner shall appear before the learned trial Court on each and every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

6. In the event the petitioner fails to appear before the trial Court, the trial Court shall be at liberty to cancel his bail without further reference to this Court.

7. The application for bail is, accordingly, allowed.

8. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Chaitali Chatterjee (Das), J.)