Md Saddam Hossain v. State Of West Bengal

D/L 41 09.12.2025 C.R.M. (M) 2603 of 2025 In Re: An application for Bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita (B.N.S.S.), 2023 filed in connection with Murarai Police Station Case No.213 of 2025 dated 09.06.2025 under Sections 329(9)/109(1)/117(2)/118(2)/3(5)/103 of the Bharatiya Nyaya Sanhita (B.N.S), 2023;

Md. Saddam Hossain

Versus

The State of West Bengal Mr. Somnath Gangopadhyay.

...for the petitioner.

Mr. Antarikhya Basu Mr. Atanu Ghosh.

...for the State.

Learned advocate appearing for the petitioner submits Bpg.

Dismissed that the petitioner is in custody for 125 days and he was not named initially in the FIR and has been subsequently arrested in connection with the instant case. It has been further stated that the petitioner being innocent and there is no possibility of the case being committed to the court of sessions in near future, petitioner be released on bail on any stringent conditions. Learned advocate appearing for the State opposes the prayer for bail and submits that there are specific materials so far as the present petitioner is concerned in respect of a witness who described the role of the present petitioner. It has also been pointed out that some of the accused persons are absconding. Learned Magistrate is directed to exhaust the process of

trial and commit the case. Learned Sessions Judge will conduct the trial of the case in absentia of the accused in accordance with the provision of Section 356 of the BNSS.

For the present, CRM(M) 2603 of 2025 is dismissed. Petitioner would be at liberty to approach this Court after the stage of consideration of charges are over. 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.)