Akash Karmakar And ANR. v. State Of West Bengal And ANR

22.01.2026 Serial no. 21 [G.S.D] CRM (M) 14 of 2026 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 Ghatal Police Station Case No. 194 of 2025 dated 06.06.2025 under sections 331(4)/64(2)(k)(L)/70(1)/115(2)/126(2) of the BNS corresponding to Sessions case no. 14/September/2025. -AndIn the matter of : Akash Karmakar & Anr. ... Petitioner(s) Mr. Sabir Ahmed Mr. Sudip Kushari Mr. Dhiman Banerjee Mr. Q. E. Ahmed ... for the Petitioner(s) Mr. Antarikhya Basu Mr. Aritra Bhattacharya ... for the State-respondent(s) Mr. Kunal Ganguly ... for the defacto-complainant Learned advocate for the petitioners has filed certified copy of the deposition of the witness no.1 and witness no.2. Learned advocate also submits that the petitioners are in custody for seven months and twelve days, as such, on any stringent condition, they may be enlarged on bail.

Learned advocate for the State, on the other hand, opposes the prayer for bail.

I have taken into account the subsequent changes particularly in the court where the P.W.2 - the victim lady,

failed to identify the accused persons in court. Subsequent to which, she was declared hostile.

Having considered that there has been dilution in the gravity of the offence which do not warrant further detention of the present petitioners, petitioners are entitled to be released on bail.

Hence, the prayer for bail of the petitioners is Allowed.

Accordingly, the petitioners viz, Akash Karmakar and Jagannath Karmakar shall be released on bail upon furnishing bond of Rs.20,000/-(Rupees Twenty Thousand only) each, 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, Ghatal, Paschim Medinipur.

If on bail, the petitioners shall also make themselves physically available on each and every date so fixed by the learned trial court and shall not leave the district of Paschim Medinipur without prior intimation to the learned trial court. Accordingly, CRM(M) 14 of 2026 is allowed.

Pending application(s), if any, is also disposed of. Certified copy of the evidence and the report submitted by the Officer-in-charge of Ghatal Police Station be kept with the record.

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.)