30.07.2026 IN THE HIGH COURT AT CALCUTTA Item No.316 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No. 35 tbsr C.R.M. (M) 1636 of 2026 In Re : An Application for bail under Section 439 of the Code of Criminal Procedure, 1973 corresponding to Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Malipanchghora Police Station Case No. 195 of 2023 dated 10.09.2023 under Sections 302 of the Indian Penal Code. And In Re : Sanjib Karmakar @ Gopal ... Petitioner. Mr. Satadru Lahiri Mr. Soumya Basu Roy Chowhduri Mr. Abir Dalui ... For the Petitioner. Mr. Bhaskar Seth Mr. Saswata Chatterjee ... For the State. Learned advocate appearing for the petitioner submits that the petitioner is in custody for about two years eleven months and till date, prosecution has been able to examine one witness, out of seventeen witnesses cited in the charge sheet. There is no possibility of trial concluding in the near future. As such, the petitioner may be released on bail. Learned advocate appearing for the State, on the other hand, opposes the prayer for bail. He refers to the statement under Section 164 of the CrPC of the relevant witnesses and attention has also been drawn to the post mortem report and it has been pointed out that death in this case was because of cut-throat injuries committed by the present petitioner. 2 There are other attending materials according to the prosecution which directly points to the complicity of the accused. I have taken into account the overall circumstances and the genesis of the dispute cropped up with the accused petitioner along with other wherein the victim was also present. Having considered that there is no chain of circumstance leading towards issues of previous enmity or there are specific eyewitnesses to the incident and whole of the case is based on circumstantial evidence where the motive is only after consumption of liquor when the incident took place, I am of the view that detention of the present petitioner is unwarranted. As such, the prayer for bail of the petitioner is allowed. Accordingly, the petitioner viz., Sanjib Karmakar @ Gopal 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, Howrah. If on bail, the petitioner shall be physically present on each and every date before by the learned Trial Court and shall not leave the jurisdiction of the district of Howrah without prior permission of the learned Trial Court. Accordingly, CRM(M) 1636 of 2026 is allowed. Memo of evidence be kept with the record. 3 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.)