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2026 DAILYLAW 25237 (CAL)

BINOD MALIK @ BAPAN v. STATE OF WEST BENGAL

CRM(M)/843/2026 · 2026-06-25

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

25.06.2026 Court No.35. D/L. 49. Kausik (Allowed) CRM (M) 843 of 2026 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 Serampore Police Station Case No. 524 of 2024 dated 09.09.2024 under Sections 126(2)/115(2)/117(2)/109 of BNS, 2023 and Section 103 of the BNS. And In the matter of : Binod Malik @ Bapan ……Petitioner. Mr. Nilendra Narayan Roy ……for the Petitioner. Mr. Pradip Banerjee Mr. Sanjib Das ……for the State. Learned advocate appearing for the petitioner submits that petitioner is in custody for 1 year and 9 months. There are 23 witnesses cited by the prosecution in the charge sheet, out of which till date 2 witnesses have been examined. Learned advocate for the State opposes the prayer for bail and submits that, it is the petitioner who was responsible for the alleged offence. Attention has been drawn to the post- mortem report. Post-mortem report reflects injury. I have considered the materials appearing in the case diary, particularly the statement of the witnesses. The genesis of the dispute arose out of the present petitioner losing job and his apprehension that the deceased had created the 2 circumstances by way of misplacing the keys of car. There are no criminal antecedents of the present petitioner as is reflected from the report submitted by the police authorities. Having considered the overall circumstances including the genesis of the case, although a case for trial definitely has been made out which may have a different result at the end of the trial, but having regard to the fact that there are no criminal antecedents and the petitioner is in custody for 1 year and 9 months, further trial would take some more time to be taken to its logical conclusion, I am inclined to release the petitioner on bail. Accordingly, prayer for bail of the petitioner is allowed. Accordingly, Petitioner, namely, Binod Malik @ Bapan 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 ACJM, Serampore. If on bail, the petitioner shall be physically present on each and every date fixed before the learned Trial Court and shall not leave the jurisdiction of District of Hooghly without the prior permission of the learned Trial Court. Accordingly, CRM (M) 843 of 2026 is allowed. Memo of Evidence submitted be kept with the record. 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.)