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2026 DAILYLAW 41941 (CAL)

BASIR SK v. STATE OF WEST BENGAL

CRM(M)/1921/2026 · 2026-09-21

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

21.09.2026 Court No.35. D/L. 1114. Kausik (Rejected) CRM (M) 1921 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 Manikchak PS Case No. 690 of 2024 dated 15.09.2024 under Sections 103(1)/61(2)/3(5) of BNSS, 2023 read with Sections 25/27/35 of the Arms Act, 1959 and Sections 3/4 of Explosive Substances Act, 1908. And In the matter of : Basir Sk ……Petitioner. Mr. S. Basu ……for the Petitioner. Mr. Sagar Saha Ms. Nayana Mukhopadhyay ….for the State. Learned advocate appearing for the petitioner submits that petitioner was arrested on 25th September, 2025 and since then he is in custody. Some of the other accused persons have been granted bail. Petitioner is similarly situated as the other accused persons who have been granted bail. There is delay in divulging the name of the present petitioner in the case records, particularly, initially some of the witnesses did not say his name, but subsequently, because of other reasons his name has been incorporated. Learned advocate for the State opposes the prayer for bail and submits that there are specific overt acts in respect of three accused persons namely, Md. Nasir, who fired at the 2 deceased and present petitioner and one Mansoor who hurled bomb at the deceased. The other accused persons who have been granted bail were only present at the spot. To that effect, attention of the Court was drawn to the statement of one Karnel Anwar before the learned Judicial Magistrate. Having considered the statement of the eye witness and complicity of the petitioner and the fact that as a result of the injuries sustained by the deceased he succumbed to death, consequent to the contributory overt acts of the present petitioner, I am not inclined to release the petitioner on bail at this stage. Accordingly, prayer for bail of the petitioner in CRM (M) 1921 of 2026 is rejected. 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.)