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2026 DAILYLAW 27841 (CAL)

BUDDHADEB GHOSH AND ORS. v. STATE OF WEST BENGAL

CRM(M)/2896/2025 · 2026-07-14

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

D/L21 14.07.2026 Bpg. Allowed C.R.M. (M) 2896 of 2025 In Re: An application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Saktipur Police Station Case No.299 of 2024 dated 01.12.2024 under Sections 109(1)/117(2)/118(2)/126(2)/103(1)/3(5) of the Bharatiya Nyaya Sanhita, 2023; Buddhadeb Ghosh & Ors. Versus The State of West Bengal Mr. Sekhar Kr. Basu Mr. Diptanghsu Basu Ms. Pranidhi Singh. …for the petitioners. Mr. Gurudas Mitra Mr. Utsav Dutta. …for the State. Mr. Navanil De Mr. Srinjan Ghosh Ms. Monami Mukherjee Mr. Debarshi Mukhopadhyay. …for the de facto complainant. Learned senior advocate appearing for the petitioners submits that the petitioner no.1 is in custody for 513 days, petitioner no.2 is in custody for 528 days and petitioner no.3 is in custody for 573 days. It has been submitted that some of the other accused persons have been granted bail, as such, petitioners may extend the same benefit. Learned advocate appearing for the State opposes the prayer for bail. 2 I have taken into account the statement under Section 183 of the BNSS of the eyewitnesses. I find from the spirit of the said statement that dispute arose on the issue relating to washing of the hands after having dinner at house where Kali Puja was celebrated. Consequently, there were assault with the aid of bamboo wherein the deceased sustained head injury admitted to Saktipur Hospital and succumbed to such injury. Having considered the genesis of the incident in spite of the objection raised by the State as the case is at an advanced stage (21 witnesses examined out of 29 witnesses), I am inclined to grant bail to the petitioners. Accordingly, the prayer for bail of the petitioners is allowed. The petitioner no.1, namely, Buddhadeb Ghosh, petitioner no.2, namely, Tapas Ghosh and the petitioner no.3, namely, Bitu Ghosh @ Titu Ghosh 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 learned trial court. Having considered the antecedent of the petitioner no.2, namely, Tapas Ghosh, he is directed to report once in a fortnight to the Officer-in-Charge of Saktipur Police Station and obtain an acknowledgement till further orders of this Court. With the aforesaid observations, CRM(M)2896 of 2025 is 3 allowed. As it has been reported that 8 to 9 witnesses are left to be examined. All efforts be taken by the learned trial court to conclude the trial within a period of 8 months from date. Memo of Evidence 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.)