Calcutta High CourtCRM(M)/2512/2025allowed

Sk. Jahangir @ Bholu And ANR. v. State Of West Bengal

2025-12-02Hon'Ble Justice Tirthankar Ghosh2 pages

02.12.2025 Court No.35.

D/L. 39.

Kausik (Allowed) CRM (M) 2512 of 2025 In Re: An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 439 of the Code of Criminal Procedure, 1973 in connection with Naihati Police Station Case No. 206 of 2022, dated 05.05.2022 under sections 302/34 of the Indian Penal Code, 1860;

And In the matter of : Sk. Jahangir @ Bholu And Anr. ......Petitioners.

Mr. Soumya Banerjee Ms. Sucheta Banerjee ......for the Petitioners.

Mr. Anand Kesari Mr. Bikram Mitra ......for the State.

Learned advocate appearing for the petitioners submits that the petitioners are in custody since 10th May, 2022 and out of the 17 witnesses proposed to be examined only 1 witness partially has been examined.

Learned advocate for the State on the other hand opposes the prayer for bail and submits that on perusal of the merits of the case the Division Bench was pleased to refuse the prayer for bail.

I have considered the period of detention of the present petitioners, i.e. for more than 3 and a half years and the manner in which the trial is progressing. Having considered the same, I am of the view that in this case the petitioners are

entitled to the benefit of period of detention which they have already suffered.

Consequently, the prayer for bail of the petitioners is allowed.

Petitioners, namely, Sk. Jahangir @ Bholu & Alamgir Hussain @ Idu Hossain 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 learned ACJM, Barrackpore. If on bail the petitioner shall be physically present on the dates fixed by the Trial Court and shall not leave the jurisdiction of 24 Parganas (North) without the permission of the learned Trial Court.

Additionally petitioners once in a fortnight attend the Office of the Inspector-in-Charge, Naihati Police Station till such condition is waived by the learned Trial Court. Accordingly, CRM (M) 2512 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.)