Sk. Saharaf @ Saharak And ANR v. The State Of West Bengal

20.02.2026 Court No.35.

D/L.13 Rakib (Allowed) CRM (M) 2069 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 Raidighi Police Station case no. 569 of 2024 dated 05.11.2024 under Sections 103(2)/61(2)(a) of the Bharatiya Nyaya Sanhita, 2023. And In the matter of : Sk. Saharaf @ Saharak & Anr. ......Petitioners.

Mr. Milon Mukherjee, Sr. Adv, Ms. Rajnandini Das ......for the Petitioners.

Mr. Prasun Kr. Dutta Mr. Arani Bhattacharyya ......for the State.

Mr. Rabi Sankar Chatterjee Mr. Anindya Sundar Das Ms. Paramita Mondal Mr. Suman Halder ......for the de-facto complainant.

Report submitted by the State be kept with the record. Learned senior advocate appearing for the petitioners submits that petitioners are similarly situated as Sk. Firoj, Sk. Saibuddin, Sk. Nasir and Sk Najibul who have been granted bail as is reflected from the statement of one of the eye-witness namely, Sona Khan. Petitioners are in custody for one year three months and eighteen days.

Learned advocate for the de-facto complainant opposes the prayer for bail and submits that the other accused persons who have been released on bail they have been threatening the de-facto complainant and his family members.

Learned advocate for the State opposes the prayer for bail and draws the attention of the Court to the Statement of the witnesses.

Having considered that some of the accused persons have been granted bail and the present petitioners are similarly situated, I am inclined to release the petitioners on bail. As such, the prayers for bail of the petitioners are allowed.

Accordingly, petitioners namely, Sk. Saharaf @ Saharak and Sk. Hasibul shall be released on bail upon furnishing bond of Rs. 20,000/- (Rupees Twenty Thousand only) each, 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, Diamond Harbour, South 24 Parganas. If on bail, the petitioners shall be physically present on each and every date before the learned trial Court in seisin of the case and shall not leave the jurisdiction of district of South 24 Parganas without the prior permission of the learned Court. Additionally, petitioners shall once in a week meet with the Inspector-in-Charge/Officer-in-Charge or any officer deputed of Raidighi Police Station till the evidence of the vulnerable witnesses are over.

Accordingly, the prayer for bail in CRM (M) 2069 of 2025 is allowed.

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.)