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2026 DAILYLAW 26487 (CAL)

MD. GAUS REJA @ GOLAM GAUS REJA @ SANTU AND ANR. v. STATE OF WEST BENGAL

CRM(M)/2766/2025 · 2026-07-07

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

D/L22 07.07.2026 Bpg. Allowed C.R.M. (M) 2766 of 2025 In Re: An application for bail under Section 439 of the Code of Criminal Procedure, 1973 corresponding to section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Domkal Police Station Case No.215 of 2019 dated 19.03.2019 under Sections 341/324/326/307/302/34 of the Indian Penal Code, 1860; Md. Gaus Reja @ Golam Gaus Reja @ Santu & Anr. Versus The State of West Bengal Mr. Sekhar Kr. Basu Mr. Diptangshu Basu. …for the petitioners. Mr. Gouranga Kr. Das Ms. Nayana Mukhopadhyay. …for the State. Mr. Gouranga Kumar Das and Ms. Nayana Mukhopadhyay, learned advocates, appear on behalf of the State. Their appearance may be regularized by the concerned authorities. Learned senior advocate appearing for the petitioners submits that the petitioner no.1 is in custody since 22.07.2024 and the petitioner no.2 is in custody since 6th March, 2024. Initially, both the petitioners were granted bail but subsequently their bail order was cancelled in the year 2020 thereafter the petitioners were arrested in the year 2024. Attention of the Court has been drawn to the order dated 09.08.2021 passed by a co-ordinate Bench in CRR 14 of 2021. The petitioner in the said revisional application is one Najumuddin Mondal. 2 Learned advocate for the State opposes the prayer for bail and points out regarding the complicity of the present petitioners as well as their conduct. So far as the material in the case diary is concerned, the accused Najumuddin Mondal who is on bail is similarly situated as the present petitioners. The stage of the case also reflects that only 5 witnesses have been examined out of the cited 24 witnesses. Having considered that both the petitioners are in custody for 2 years and without entering into the merits of the case, I am of the view that the petitioners be released on bail on stringent conditions. Accordingly, the prayer for bail of the petitioners is allowed. The petitioner no.1, namely, Md. Gaus Reja @ Golam Gaus Reja @ Santu and the petitioner no.2, namely, Rashid Sk. @ Rashid Sekh @ Rashis Sk. shall be released on bail upon furnishing bond of Rs.20,000/- (Rupees Twenty Thousand only) each with two sureties of Rs.10,000/- each, one of whom must be local to the satisfaction of the learned CJM, Berhampore, Murshidabad. If on bail, the petitioners shall be physically present on each and every date before the learned trial court and shall not leave the district of Murshidabad without prior permission of the trial court. Additionally, for the next six months, the petitioners will meet with the Inspector-in-Charge, Berhampore Police Station once in a fortnight until and unless the same is modified or waived by the learned trial court. With the aforesaid observations, CRM(M)2766 of 2025 is 3 allowed. Report submitted by the State be kept with the record. All parties shall act on the server copy of this order duly 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 of all requisite formalities. (Tirthankar Ghosh, J.)