30.07.2026 Court No.35. D/L. 280. Kausik (Allowed) CRM (M) 1597 of 2026 In Re: An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 439 of the Code of Criminal Procedure, 1973 in connection with Bhatar Police Station Case No. 229 of 2023 dated 14.06.2023 under Sections 341/325/326/307/506 of the Indian Penal Code, 1860. And In the matter of : Sk. Samim @ Sk. Anon ……Petitioner. Mr. Milon Mukherjee, Sr. Adv. Mr. Jakir Hussain Mr. Mazhar Hossain Chowdhury ……for the Petitioner. Mr. Soumyajit Das Mahapatra Mr. Abdus Salam Mr. Madhurai Sinha Ms. Upasana Banerjee Mr. Bisal Roy ….for the defacto complainant. Ms. Koel Mukherjee ……for the State. Learned Senior Advocate appearing for the petitioner submits that so far as the four eye witnesses are concerned, in respect of 3 of the witnesses, evidence is concluded. So far as PW 4 is concerned, examination-in-chief is over and the cross- examination is still pending. Learned Senior Advocate further submits that the genesis of the present case cropped up as a dispute between the cousin brothers over property. 2 Learned advocate for the Defacto Complainant submits that delay in this case was contributed at the behest of the accused persons. Learned advocate for the State opposes the prayer for bail and draws the attention of the Court to the statement of the witnesses as also the post-mortem report. I have taken into account the overall circumstances of the case and the fact that there was no previous antecedent of the present petitioner and so far as the present case is concerned, the same arose out of a dispute between the cousin brothers. Having considered the fact that prosecution is yet to examine 17 more witnesses and the present petitioner is in custody for more than 3 years 1 month, I am of the opinion that some time will be required by the prosecution to take the trial to its logical conclusion. Having regard to the overall circumstances of the case and without entering into the merits of the case, only on the ground of delay and the prospective time required to take the trial to its logical conclusion, I am inclined to release the petitioner on bail. Accordingly, Petitioner, namely, Sk. Samim @ Sk. Anon shall furnish bond of Rs. 20,000/- (Rupees Twenty Thousand Only) with two sureties of Rs. 10,000/- (Rupees Ten Thousand 3 Only) each, one of whom must be local to the satisfaction of Learned CJM, Purba Bardhaman. If on bail petitioner shall be physically present on each and every date before the learned Trial court and shall not enter the jurisdiction of Bhatar Police Station for a period of 6 months. If the petitioner intends to enter the jurisdiction after the aforesaid period, appropriate permission be obtained from the jurisdictional Trial Court. With the aforesaid observations CRM (M) 1597 of 2026 is allowed. Memo of Evidence submitted be kept with the record. All parties shall act in terms of server copy of the order 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.)