25.08.2026 Court No.35. D/L. 244. Kausik (Allowed) CRM (M) 1290 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 Pukhuria PS Case No. 416 of 2023 dated 13.09.2023 under Section 302/201 of the Indian Penal Code. And In the matter of : Meherul Hoque ……Petitioner. Mr. Milon Mukherjee, Sr. Adv. Mr. Jaydeep Biswas Mr. Amanul Islam Mr. Sourav Mukherjee Mr. Gourav Roy ……for the Petitioner. Mr. Rajendra Banerjee, Ld. APP Mr. P. Karan Singh ….for the State. Learned Senior Advocate appearing for the petitioner submits that initially charge sheet was submitted. Further investigation was directed. Consequent to which again charge sheet was submitted. The defacto complainant was aggrieved by the second charge sheet which was also filed and a writ petition was preferred. It has been brought to the notice of the Court by the learned advocate appearing for the petitioner that in WPA 11659 of 2025 consideration of charge has been stayed till the 2 Naraji Petition in respect of the second charge sheet is considered. Petitioner submits that he is in custody for 2 years and 11 months. There is no possibility of the trial commencing very soon. As such, petitioner be released on bail. On the other hand, learned advocate for the State opposes the prayer for bail and submits that the materials which are appearing against the present petitioner reflects it is the petitioner who is solely responsible for the alleged offence. There were dispute relating to monetary transactions. The prosecution case is based on the fact that after the deceased was intoxicated he was hit by hammer by the present petitioner from behind the back. I have taken into account the overall circumstances but the records speak that till date prosecution has relied upon 24 witnesses. There is no scope of the charge being framed till the Naraji Petition is disposed of by the learned Trial Court and there are no previous antecedents so far as the present petitioner is concerned. Having considered the period of detention of the present petitioner and the fact that there are no previous antecedents, I am of the view that without entering into the merits of the case, petitioner be released on bail on stringent conditions. 3 Accordingly, Petitioner, namely, Meherul Hoque shall furnish bond of Rs. 20,000/- (Rupees Twenty Thousand Only) with two sureties of Rs. 10,000/- (Rupees Ten Thousand Only) each, one of whom must be local to the satisfaction of Learned ACJM, Chanchal, Malda. If on bail, the petitioner shall be physically present on each and every date fixed before the learned Trial Court and shall not leave the jurisdiction of District of Malda without the prior permission of the learned Trial Court. Additionally, petitioner shall meet with the Officer-in- Charge, Pukhuria Police Station till the learned Trial court deems it fit and proper to waive such condition at the appropriate stage. Accordingly, CRM (M) 1290 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.)