28.07.2026 Item No.28 Court No.9 CHC (Allowed) Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Side C.R.M.(M) 152 of 2026 In Re:- An application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023; in connection with Dhupguri Police Station Case No.420 of 2025 dated 26.11.2025, under Sections 85/103(1)/238 of the Bharatiya Nyaya Sanhita (BNS), 2023. And In the matter of : Babul Hossain @ Bablu ...… petitioner Mr. Joydeep Kanta Bhowmik, Advocate Mr. Sayantan Bhowmik, Advocate Mr. Shubham Kumar, Advocate Ms. Jasmin Haque, Advocate Ms. Priti Das, Advocate …for the petitioner Mr. Avrojyoti Das, Ld. A.P.P. Mrs. Panchali Deb Sikder (Nag), Ld. Sr. Govt. Advocate Mr. Tapas Prasad, Advocate …for the State 1. Bail prayer of the petitioner is taken up for consideration. 2. Petitioner is alleged to have committed murder of his wife/victim. Learned advocate for the petitioner submits that the petitioner has been in custody for 244 days. Chargesheet has been submitted in the case. However, the case is yet to be committed as the learned Magistrate has issued notice upon the de facto complainant since, one of the accused, named in the First Information Report, was not sent up in the chargesheet. Learned advocate for the petitioner also submits that there is no 2 allegation of demand of dowry. The alleged incident is said to have occurred due to disputes over an illicit relationship between the petitioner and his sister-in-law (Boudi). There is no eyewitness to the incident. 3. Learned advocate for the State opposes the prayer for bail. She refers to the various materials in the Case Diary. She also refers to the statement of the witnesses recorded under Section 180 of the BNSS. She specifically refers to the statement of the daughter of the victim and mother of the deceased. 4. It transpires from the materials on record that the petitioner has been arrayed as an accused in the incident of assault upon his wife due to which his wife died. It transpires from the materials in the Case Diary that just prior to the incident, victim had an altercation over the alleged illicit relationship of the petitioner with his sister- in-law. In course of heated arguments, the petitioner allegedly assaulted the victim due to which she died. 5. I have gone through the Post Mortem Report contained in the Case Diary. The investigation of the case has already ended in a chargesheet and the case is yet to be committed to the Court of Sessions. The petitioner has been in custody for over 244 days. 6. In the aforesaid facts and circumstances and considering the nature of allegations as against the petitioner as well 3 as the period of custody undergone by the petitioner, I am inclined to enlarge the petitioner on bail. 7. Consequently, prayer for bail of the petitioner is allowed. 8. Accordingly, I direct that the petitioner shall be released on bail upon furnishing a bond of Rs. 10,000/- (Rupees Ten Thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Jalpaiguri, subject to condition that the petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever. 9. In the event, petitioner fails to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel the bail in accordance with law without further reference to this Court. 10. CRM(M) 152 of 2026 is disposed of. (Md. Shabbar Rashidi, J.)