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2025 DAILYLAW 42887 (CAL)

SK. JOHIRUDDIN @ SK JAHIRUDDIN v. STATE OF WEST BENGAL

CRM(M)/1832/2025 · 2025-10-16

Chaitali Chatterjee Das

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

16.10.2025 Item No.DL15 Court No. 16 Vacation Bench ALLOWED Asraf & Sudipta In the High Court at Calcutta Criminal Miscellaneous Jurisdiction Appellate Side Case No. CRM (M) 1832 of 2025 In Re : An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Pandua Police Station Case no.764 of 2024 dated 09.12.2024 under Section 329(4), 115(2), 117(2), 118(2), 109, 76, 352, 351(2), 103 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. -AND- In Re : SK. JOHIRUDDIN alias SK JAHIRUDDIN ……Petitioner For the Petitioner : Mr. Shibaji Kumar Das Mr. Aniket Kanrar …..Advocates For the State : Mr. Atanu Ghosh …..Advocate 1. Heard the submissions of both the learned advocates appearing on behalf of the petitioner and the State. 2. Perused the materials on record from case diary as well as the statements made under Sections 161 and 164 of Criminal Procedure Code, 1973 by the various witnesses. 3. From such perusal, it is apparent that the present petitioner is similarly situated with the accused, namely, Sk. Yasin alias Yeasin whose prayer for bail was considered and allowed on 4th September, 2025 by a Co-ordinate Bench of this Court with the observation that no specific overt act has been attributed to the said accused in the alleged offence. In the present case, no specific overt act is found against the present petitioner excepting that a bamboo stick, recovered which appeared from the seizure list. Page 2 4. In view of that, moreso the fact that chargesheet has been submitted on completion of investigation and the trial has commenced and four witnesses have also been examined, this Court is of the view that on the ground of parity, the present petitioner may be enlarged on bail. 5. Accordingly, the prayer for bail is allowed. 6. The petitioner be released on bail upon furnishing bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Hooghly subject to the condition that he shall remain outside the jurisdiction of Pandua police station and shall furnish the address where he shall presently reside before the Trial Court, Investigating Officer and the Officer-in-Charge of the concerned police station under whose jurisdiction he shall henceforth reside. He shall appear before the learned Trial Court on every date of hearing. He shall not intimidate witnesses or tamper with evidence in any manner whatsoever. 7. In the event, the petitioner fails to adhere to any of the conditions mentioned above without justifiable cause, the learned Trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court. 8. The application for bail is, thus, disposed of. 9. Urgent photostat certified copies of this order, if applied for, be given to the parties upon compliance of all necessary formalities. [ Chaitali Chatterjee (Das), J. ]