Sarafat Hossain @ Kalu v. State Of West Bengal

24.11.2025 Court No.35.

D/L. 70.

Rakib (Allowed) CRM (M) 2342 of 2025 In Re: An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Berhampore Police Station Case No. 1427 of 2024 dated 23.09.2024 under Sections 103(1) of the Bharatiya Nyaya Sanhita, 2023. And In the matter of : Sarafat Hossain @ Kalu ......Petitioner.

Mr. Soumyajit Das Mahapatra Mr. Ali Ahsan Alamgir Ms. Soma Mal Ms. Rabia Khatoon Ms. June Modak ......for the Petitioner.

Ms. Sonali Das Mr. Kaustav Banerjee ......for the State.

Learned advocate appearing for the petitioner submits that petitioner is aged about 68 years and out of a scuffle between the petitioner and his wife the accidental incident took place which resulted in the wife of the petitioner succumbing to the injuries.

Learned advocate for the State opposes the prayer for bail and submits that there are specific accusations against the present petitioner.

Having considered that the accusations are under Section 105 of BNSS, 2023 and prima facie from the records, I do not find that there was any preparation prior to commission of the alleged offence and/or any culpability and the incident happened at the spur of the moment, I am inclined to release

the petitioner on bail. As such the prayer for bail of the petitioner is allowed.

Petitioner namely, Sarafat Hossain @ Kalu shall furnish 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 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. The petitioner shall not leave the jurisdiction of district of Murshidabad without the leave of the learned trial Court. Accordingly, CRM (M) No. 2342 of 2025 is allowed. Case Diary be returned to the learned advocate appearing for the State.

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.)