28.09.2026 Court No.35. D/L.25. Rakib (Allowed) CRM (M) 1903 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 Santiniketan Police Station case no. 274 of 2024 dated 03.11.2024 under Sections 103(1)/3(5) of the Bharatiya Nayaya Sanhita, 2023. And In the matter of : Krishna Dalui ……Petitioner. Mr. Manas Kumar Das .....for the Petitioner. Mr. Debojyoti Deb Ms. Shalu Gupta ……for the State. Learned advocate appearing for the petitioner submits that four witnesses have been examined out of the 23 witnesses cited by the prosecution, petitioner is in custody for about one year eleven months and there is no recovery of the offending weapon. Learned advocate appearing for the State opposes the prayer for bail and submits that wooden stick was recovered at the behest of the present petitioner which was the offending weapon. Records also reflect that iron rod was recovered at the instance of another accused namely, Bablu Halder. So far as the post-mortem report is concerned, there are number of injuries of physical assaults having been inflicted upon the deceased. Be that as it may, I do not find any criminal antecedents of the present petitioner, the parties are known to each other, prima facie it reflects that over some trivial issue there was provocation, consequent to which the incident escalated and assault being inflicted and 2 injuries being sustained which resulted in death of the deceased. There has been no progress in the case and only four witnesses till date has been examined out of 23 witnesses cited by the prosecution. As such, without further entering into the merits of the case, only on the issue of incarceration and the nature of the case, I am inclined to release the petitioner on bail. Accordingly, prayer for bail of the petitioner is allowed. As such, the petitioner, namely, Krishna Dalui 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 Additional Chief Judicial Magistrate, Bolpur, Birbhum. 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 Birbhum without prior permission of the learned Trial Court. Thus, CRM (M) No. 1903 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. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Tirthankar Ghosh, J.)