Minarul Sk v. State Of West Bengal

04.02.2026 Serial no. 148 [G.S.D] CRM (M) 2173 of 2025 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/under Section 483 of the BNSS, 2023 in connection with Sessions Serial Case No. 244 of 2025 arising out of Murshidabad PS Case No. 1053 of 2024 dated 14.11.2024 u/s 85/103(1)/80/351(2)(3)(5)/3(5) of the BNS, 2023 and Sections 3/4 of the DP Act.

-AndIn the matter of : Minarul Sk.

... Petitioner(s) Mr. Milon Mukherjee, Sr. Adv.

Mr. Somnath Adhikary Mr. Dattatreya Dutta ... for the Petitioner(s) Mr. Dipankar Paramanick ... for the State-respondent(s) Mr. Mukherjee, learned Senior Advocate, appearing for the petitioner submits that the petitioner is in custody for one year two months and was only on visiting terms with the son and his wife.

It has also been contended that although charges have been framed but, till date, witness action has not commenced.

Learned advocate for the State opposes the prayer for bail and refers to the statement of the witnesses under Section 164 of the Cr.P.C. It is also submitted that the name of the present petitioner transpires along with the other two accused persons.

However, even if, the fact is accepted to be true, it reveals that at the relevant date, the petitioner and his wife came at the house of the deceased and her husband who are staying separately.

I have considered the post-mortem report and taken into account the fact that the incident happened within two and half years of marriage.

Having considered the overall circumstances particularly the fact that the present petitioner is the fatherin-law of the deceased, I am of the view that although a case is made out, but, further detention of the present petitioner is unwarranted.

Hence, the prayer for bail of the petitioner is Allowed.

Accordingly, the petitioner viz, Minarul Sk. shall be released on bail upon furnishing 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 the Learned ACJM, Lalbagh, Murshidabad.

If on bail, the petitioner shall also make himself physically available on each and every date so fixed by the learned trial court and shall not leave the district of Murshidabad without prior permission of the learned trial court.

Accordingly, CRM(M) 2173 of 2025 is allowed.

Pending application(s), if any, is also disposed of. Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)