03.09.2026 Court No.35. D/L.271. Rakib (Allowed) CRM (M) 1763 of 2026 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Kaliyaganj Police Station case no. 539 of 2023 dated 24.12.2023 under Sections 302/201/120B of the Indian Penal Code. And In the matter of : Bhramar Sarkar ……Petitioner. Mr. Atif Ahmed Siddiqui Mr. Pronojit Roy .....for the Petitioner. Mr. Kallol Mondal, Ld. PP Mr. Ayan Basu Ms. Nabanita Chatterjee ……for the State. Learned advocate appearing for the petitioner submits that petitioner is in custody since 24.12.2023 and 22 witnesses have been examined, however, prosecution has prayed for recall of witnesses and some more time will be required. Records reflect that initially four witnesses were recalled, thereafter again an application under Section 311 of the Code of Criminal Procedure was filed and some more witnesses have been recalled. Learned advocate appearing for the State submits that the present petitioner is not similarly situated as the other accused persons who have been granted bail and was the mastermind in respect of the offence committed. Records also reflect that the deceased was electrocuted to death (as revealed from the post-mortem report). 2 I have taken into account the post-mortem report and is of the opinion that even if the prosecution case is true, it is not possible for one person to implement the execution of the electrocution theory for which the prosecution is pursuing the charges. In view of the fact that the other accused persons have been granted bail, the period of detention of the present petitioner and without entering into the further merits of the case and as some more time will be required for the prosecution to take the trial to its logical conclusion, I am inclined to release the petitioner on bail. As such, prayer for bail of the petitioner is allowed. Accordingly, the petitioner, namely, Bhramar Sarkar shall be released on bail upon furnishing 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 the learned Chief Judicial Magistrate, Raiganj, Uttar Dinajpur. If on bail, the petitioner shall be physically present on each and every date before the learned Trial Court and shall not leave the jurisdiction of district of Uttar Dinajpur without prior permission of the learned Trial Court. With the aforesaid observations, CRM (M) No. 1763 of 2026 is allowed. Memo of evidence submitted by the State 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. 3 Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Tirthankar Ghosh, J.)