09.07.2026 IN THE HIGH COURT AT CALCUTTA Item No.228 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc. partly allowed C.R.M. (M) 1158 of 2026 In Re : An Application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Nalhati Police Station Case No. 31 of 2026 dated 17.01.2026 under Sections 126(2)/117(2)/109(1)/3(5) of the Bharatiya Nyaya Sanhita, 2023 and added Section 103(1) of the Bharatiya Nyaya Sanhita, 2023 (G.R. No. 146 of 2026). And In Re : Nur Mohammad and another ... Petitioners. Mr. Prosenjit Mukherjee, Mr. Saptarshi Chakraborty, Mr. Raja Roy ... For the Petitioners. Mr. Somnath Bera ... For the State. Mr. Ayan Bhattacherjee, Sr. Adv., Mr. Bibswan Bhattacharya, Mr. Poonnug Roy … For the de facto complainant. Learned advocate appearing for the petitioners submits that the petitioners are in custody for more than five months and charge-sheet has already been submitted. There are case and counter-case between the parties and the accused persons in the present case also sustained injury which was suppressed and a unilateral story was portrayed which resulted to registration of the present case. Learned senior advocate appearing for the de facto complainant opposes the prayer for bail and submits that there was complicity of both the accused persons which resulted in the murder of the deceased. 2 Learned advocate appearing for the State also opposes the prayer for bail and draws the attention of the Court to the post mortem report and statement of the eyewitnesses including the statement before a Judicial Magistrate. I have taken into account the overall circumstances of the case and having regard to the complicity of the present petitioners as is reflected from the case diary, I am inclined to release the petitioner no.1 on bail. As such, the prayer for bail of the petitioner no.1 is allowed. Accordingly, the petitioner No.1 viz., Nur Mohammad shall be released on bail upon furnishing bond of Rs.20,000/-, with two sureties of Rs.10,000/- each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Rampurhat, Birbhum. If on bail, the petitioner No.1 shall be physically present on each and every date so fixed by the learned Trial Court and shall not leave the jurisdiction of the district of Birbhum without prior permission of the learned Trial Court. The petitioner no.1 shall also not enter the jurisdiction of Nalhati Police Station till the charges are framed by the jurisdictional court and it would be the discretion of the learned Trial Court either to continue with such condition or waive the condition. So far as the petitioner no.2 viz., Md. Samed Hossain @ Chhotto Sk. @ Chottu Sk. is concerned, his prayer for bail is rejected. 3 Memo of Evidence submitted by the learned advocate appearing for the State be kept with the record. The application for bail, being CRM (M) 1158 of 2026, is, thus, disposed of. All concerned 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 with all requisite formalities. (Tirthankar Ghosh, J.)