SK. NIJAMUL HAQUE @ SK KALOBABU AND ORS. v. STATE OF WEST BENGAL AND ANR
CRM(M)/2493/2025 · 2026-02-16
Tirthankar Ghosh
body2026
DailyLaw.ai
[ 2026 DAILYLAW 14072 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 14072 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
16.02.2026 Court No.35. M/L.239. Rakib (Allowed)
CRM (M) 2493 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 Galsi Police Station case no. 137 of 2025 dated 06.03.2025 under Sections 126(2)/115(2)/117(2)/109(1)/76/351(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023. And In the matter of : Sk. Nijamul Haque @ Sk Kalobabu & Ors. ……Petitioners. Mr. Imtiaz Ahmed Mrs. Ghazala Firdaus Mr. Mofakkerul Islam Mr. Sk Saidullah Mr. Mithun Mondal Mr. Md. Arsalan
……for the Petitioners. Ms. Shaila Afrin Mr. Mainak Gupta
……for the State. Learned advocate appearing for the petitioners submits that the petitioner is in custody for around 346 days and one of the similarly placed accused person has been granted bail. Learned advocate for the State opposes the prayer for bail and submits that one of the victim was admitted in hospital for more than 13 days. So far as the another victim is concerned seven stitches had to be administered. However, from the records attention of the Court has been drawn to the fact that Monirul Sk has been granted bail and all the three petitioners are similarly situated as the said Monirul Sk. I have also taken into account the genesis of the dispute which relate to laying down of pipelines for water supply. 2 Having considered that the incident was on sudden provocation because of the land of the de-facto complainant being used for laying down water pipeline, I am of the view that much culpability is not involved in the present case, although, the injuries are of very serious in nature. Having regard to the same, I am inclined to release the petitioners on bail. Accordingly, the prayer for bail of the petitioners is allowed. As such, petitioners namely, Sk. Nijamul Haque @ Sk Kalobabu; Sk. Tajemul Haque @ Sk. Tajimul Haque @ Sk. Rajimul Haque @ Sk. Lalbabu and Sk Ekramul Haque @ Sk Dayalu 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 Chief Judicial Magistrate, Purba Bardhaman.
If on bail, the petitioners shall be physically present on each and every date before the learned Trial Court and shall not leave the jurisdiction of district of Purba Bardhaman without the prior permission of the learned Trial Court. Thus, the application for bail being CRM (M) No. 2493 of 2025 is allowed. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. 3 Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Tirthankar Ghosh, J.)