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2026 DAILYLAW 29613 (CAL)

SK BABUL v. STATE OF WEST BENGAL

CRM(M)/1377/2026 · 2026-07-22

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

D/L 223 22.07.2026 Bpg. C.R.M. (M) 1377 of 2026 In Re: An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 correspondence to the section 439 of the Code of Criminal Procedure, 1973 filed in connection with Kharagpur Town Police Station Case No.421 of 2023 dated 03.09.2023 under Section 498A/304B/302/323/506/34 of the Indian Penal Code, 1860 read with section 3/4 of the Dowry Prohibition Act and charge-sheet submitted under Section 498A /304B/302/323/506/34 of the Indian Penal Code, 1860 read with section 3/4 of the Dowry Prohibition Act ; Sk Babul Versus The State of West Bengal Mr. Jayanta Narayan Chatterjee Mr. Supreem Naskar Ms. Jayashree Patra. ...for the petitioner. Mr. Koustav Lal Mukherjee. ...for the State. Mr. Malay Bhattacharyya Mr. Pradip Paul Mr. Subhrajyoti Ghosh Mr. Sk. Samsul Arefin. …for the de facto complainant. Learned advocate appearing for the petitioner submits that the petitioner is the husband who is in custody for 2 years 10 months. Till date out of 19 witnesses cited by the prosecution, only 2 witnesses have been examined. Learned advocate for the State opposes the prayer for bail and draws the attention of the Court to the postmortem report as well as the statement of eyewitness under Section 183 of the BNSS. Learned advocate for the de facto complainant refers to the deposition of the eyewitness before the learned trial court as 2 P.W.2. Learned advocate for the de facto complainant submits that as at the stage of consideration of charges the learned trial court dropped Section 302 of the Indian Penal Code, the same has been challenged before this Court by way of CRR2764 of 2026. Having considered the evidence of the said eyewitness along with the period of detention of the present petitioner compared to the postmortem report and the charges which the present petitioner is facing, without entering into the merits of the case, I am inclined to release the petitioner on bail. Accordingly, the prayer for bail of the petitioner is allowed. The petitioner, namely, Sk Babul shall be released on bail upon furnishing bond of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties of Rs.10,000/- each, one of whom must be local to the satisfaction of the learned ACJM, Kharagpur, Paschim Medinipur. If on bail, the petitioner shall be physically present on each and every date before the learned trial court and shall not leave the district of Paschim Medinipur without prior permission of the learned trial court. Thus, CRM(M)1377 of 2026 is allowed. 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.) 3