Sainul Sk @ Sainul Sekh v. State Of West Bengal

D/L 67 18.11.2025 Bpg.

Allowed C.R.M. (M) 2190 of 2025 In Re: An application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ U/S 439 of the Cr.P.C.1973 filed in connection with Sagarpara Police Station Case No.211/2023 dated 18.07.2023 under Sections 341/326/307/34 of the Indian Penal Code and charge-sheet submitted under Sections 341/326/302 of the Indian Penal Code;

Sainul Sk @ Sainul Sekh

Versus

The State of West Bengal Mr. Tapodip Gupta Mr. Suman Bhanja.

...for the petitioner.

Mr. Suman De Mr. Santanu Deb Roy.

...for the State.

Learned advocate appearing for the petitioner submits that the petitioner is in custody for 1 year 11 months and till date the case has not been committed to the court of sessions. Learned advocate appearing for the State submits that the de facto complainant has preferred an application for further investigation which is still pending and is the cause of delay for the progress of the proceedings.

I have taken into account the period of detention of the petitioner and the factum that the petitioner succumbed to death after ten days of the incident.

Having regard to the same, I am of the opinion that further detention of the petitioner is unwarranted. Accordingly, the prayer for bail of the petitioner is

allowed. The petitioner, namely, Sainul Sk @ Sainul Sekh shall be released on bail upon furnishing bond of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties of Rs.10,000/- each, one of whom must be local to the satisfaction of the learned CJM, Berhampore, Murshidabad. If on bail, the petitioner shall be physically present on each and every date fixed by the learned trial court and the petitioner shall not leave the district of Murshidabad without prior permission of the learned court in seisin of the case. Accordingly, CRM (M) 2190 of 2025 is allowed. Case diary be returned to the learned advocate appearing for the State.

Report submitted by the State be kept with the record. All 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 of all requisite formalities.

(Tirthankar Ghosh, J.)