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Calcutta High CourtCRM(M)/2459/2025allowed

Osama Alias Nasar @ Md.Osama v. State Of West Bengal

2026-04-21Hon'Ble Justice Tirthankar Ghosh3 pages

21.04.2026 Serial no. 83 [G.S.D] CRM (M) 2459 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 Case No. 269 of 2023, GR Case No. 2011 of 2023 arising out of Chakulia PS Case No. 178 of 2023 dated 09.07.2023 u/s 143/324/325/326/307/302 of the IPC adding Sections 149/171F of the IPC and Sections 132/135/135A of the Representatives of People's Act, 1951.

-AndIn the matter of : Osama @ Naskar @ Md. Osama ... Petitioner(s) Mr. Sekhar Kr. Basu, Sr Adv.

Mr. Diptangshu Basu ... for the Petitioner(s) Mr. Rudradipta Nandy, ld. APP Mr. Mainak Gupta ... for the State-respondent(s) Md. N. Rabber Mr. Muhammad Jawwal ... for the defacto-complainant The petitioner's bail was earlier rejected on 8th July, 2024 and since then one year eight months have passed. It has been informed that till date out of the 33 witnesses, seven witnesses have been examined and rest of the accused persons are on bail.

Learned advocates for the defacto-complainant and the State opposes the prayer for bail.

The records of the case reflect that both the family of the petitioners and that of the complainant were in bad terms resulting in case and counter case.

Having regard to the same and taking into account the overall circumstances, particularly, the period of detention [since July 10, 2023] and the fact that further time will be required to take the trial to its logical conclusion, without entering into the merits of the case, I am inclined to enlarge the petitioner on bail. Hence, the prayer for bail of the petitioner is Allowed.

Accordingly, the petitioner viz, Osama @ Naskar @ Md. Osama 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, Islampur, Uttar Dinajpur.

If on bail, the petitioner shall also make himself physically available on each and every date so fixed by the learned trial court being the learned Additional Sessions Judge, 1st Court, Islampur, Uttar Dinajpur and shall not leave the district of Uttar Dinajpur without prior intimation to the learned trial court.

Accordingly, CRM (M) 2459 of 2025 is allowed. 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.)