Calcutta High CourtCRM(M)/2730/2025partly allowed

Rajib Paharia And ANR. v. State Of West Bengal

2026-07-02Hon'Ble Justice Tirthankar Ghosh2 pages

02.07.2026 Court No.35.

D/L.11.

Rakib (Partly Allowed) CRM (M) 2730 of 2025 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Murshidabad Police Station case no. 814 of 2025 dated 26.08.2025 under Sections 103(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023. And In the matter of : Rajib Paharia & Anr.

......Petitioners.

Mr. Mritunjay Chatterjee Mr. Md. Golam Nure Imrohi Mr. Partha Sarathi Sinha .....for the Petitioners.

Mr. Rajendra Banerjee, Ld. APP Mr. Subrata Mukherjee ......for the State.

Learned advocate appearing for the petitioners submit that petitioners are in custody for 11 months, charge-sheet has been submitted and charges have already been framed, as such the petitioners may be released on bail.

Learned advocate appearing for the State produces the Case Diary.

I have considered the materials appearing in the Case Diary and I find that the genesis of the dispute was because of petitioner no.2 was maintaining a relationship with the deceased. Having considered the same, I am of the view that although the complicity of the petitioner no.1 at this stage cannot be ruled out. But having regard to the factual background of the present case, I am inclined to release the petitioner no.1 namely, Rajib

Paharia on bail. The prayer for bail of the petitioner no.2 namely, Mamoni Paharia is rejected.

As such, the petitioner no.1 namely, Rajib Paharia 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 Additional Chief Judicial Magistrate, Lalbagh, Murshidabad.

If on bail, the petitioner no.1 shall be physically present on each and every date before the learned Trial Court and shall not leave the jurisdiction of district of Murshidabad without prior permission of the learned Trial Court.

Thus, CRM (M) No. 2730 of 2025 is partly 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.)