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Calcutta High CourtCRM(M)/2679/2025allowed

Naiyer Sultan v. State Of West Bengal

2025-12-22Hon'Ble Justice Tirthankar Ghosh3 pages

22.12.2025 Court No.35.

D/L. 54.

Kausik (Allowed) CRM (M) 2679 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 Garden Reach Police Station Case No. 64 of 2024 dated 06.04.2024 under section 302/324/34 of the Indian Penal Code, 1860; And In the matter of : Naiyer Sultan ......Petitioner.

Mrs. Punam Verma Mr. Abhishek Verma Mrs. Atulya Verma Mr. Swaraj Naskar Ms. Aparna Sarkar ......for the Petitioner.

Mr. Sandip Chakraborty Ms. Suchismita Dutta ......for the State.

Learned advocate appearing on behalf of the petitioner submits that petitioner is similarly placed as other accused persons who have been granted bail in CRM (M) 1793 of 2025. Learned advocate for the State opposes the prayer for bail and submits that the present petitioner is the one who had hammer in his hand.

I have considered the case diary along with the deposition and I find that there is no specific evidence to the effect that whether the hammer hit the father of the witness who is the deceased.

Be that as it may, the deposition reflects that all the accused were cumulatively responsible for assaulting the victim to death with certain weapons.

Having considered that petitioner cannot be distinguished from the other accused persons who have been released on bail, I am inclined to release the petitioner on bail. Accordingly, petitioner, namely Naiyer Sultan 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 CJM, Alipore.

If on bail, petitioner shall not enter the jurisdiction of Garden Reach Police Station and reside within the jurisdiction of Nadial Police Station. Petitioner shall meet with the Officerin-Charge of Nadial Police Station once in a week till further orders of this Court and petitioner shall be physically present on each and every date fixed before the learned Trial Court thereby cooperating for progress of the trial of the case. Learned Trial Court is directed not to grant any unnecessary adjournment to any of the parties and put in efforts to take the trial of the case to its logical conclusion. Accordingly, CRM (M) 2679 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.)