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Calcutta High CourtCRM(M)/2316/2025allowed

Mustafijur Rahaman v. State Of West Bengal

2025-11-17Hon'Ble Justice Tirthankar Ghosh2 pages

17.11.2025

IN THE HIGH COURT AT CALCUTTA

Item No.48 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc.

Allowed C.R.M. (M) 2316 of 2025 In Re : An Application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 corresponding to Section 439 of the Code of Criminal Procedure, 1973 filed in connection with Beldanga Police Station Case No. 509 of 2022 dated 26.08.2022 under Sections 302/34 of the Indian Penal Code read with Sections 25/27 of the Arms Act. And In Re :

Mustafijur Rahaman ... Petitioner.

Mr. Arnab Kumar Neogi, Mr. Sujit Chakraborty, Mr. Sourav Samanta ... For the Petitioner.

Mr. Bitasok Banerjee, Ms. Poulami Bose ... For the State.

Learned advocate appearing for the petitioner submits that the petitioner is in custody for about 3 years 2 months and after the charge-sheet was submitted, charge was framed and till date, out of 25 witnesses proposed to be examined by the prosecution, only six witnesses have been examined. Petitioner also submits that one of the accused viz., Matin Sk @ Matin @ Md. Golam Mortuja @ Golam Mortaja @ Abdul Matin has been granted bail by this Hon'ble Court on 16.10.2025 in CRM(R) 133 of 2025.

Learned advocate appearing for the State has produced the case diary, and also drawn the attention of the Court to statement of some of the witnesses which reflect that the locus of the present petitioner is same as that of the

said Matin Sk @ Matin @ Md. Golam Mortuja @ Golam Mortaja @ Abdul Matin who has been granted bail. Consequently, the prayer for bail of the petitioner is allowed. Accordingly, the petitioner viz., Mustafijur Rahaman shall be released on bail upon furnishing bond of Rs.20,000/-, with two sureties of Rs.10,000/- each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Berhampore, Murshidabad. If on bail, the petitioner 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. Case diary be returned to learned advocate appearing for the State.

The application for bail, being CRM (M) 2316 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.)