30.09.2026 Court No.35. D/L. 9. Kausik (Allowed) CRM (M) 1973 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 Berhampore Court GRPS Police Station Case No. 08 of 2024 dated 04.12.2024 under Sections 126(2)/117(2)/103 of BNS. And In the matter of : Md. Selim @ Chinu ……Petitioner. Ms. Minoti Gomes Mr. Jishan Iqbal Hossain ……for the Petitioner. Mr. Priyankar Ganguly Ms. Shalini Bairagi ……for the State. Learned advocate appearing for the petitioner submits that petitioner is in custody for about 1 year 10 months. Till date 6 witnesses have been examined out of 26 witnesses cited. Petitioner submits that there is no scope of the trial concluding in near future. As such he may be released on bail. Learned advocate for the State opposes the prayer for bail and draws the attention of the Court to the statement of the witnesses concerned. I have taken into account the factum of motive in the present case as is being reflected from the statement of different witnesses including the fact that the prosecution case narrates that petitioner, deceased and other associates were 2 drinking at a bar and subsequently they came out. Only the present petitioner and the deceased went near the railway tracks and they started pushing each other. Prosecution case also states that with a stone the deceased was attacked. A part of the prosecution story also relates that there was a relationship between the wife of the deceased and the present petitioner. There are no eye witnesses to the case and so far as the last seen theory is concerned that has been emphasized by the prosecution, without further entering into the merits of the case and emphasizing on the period of incarceration and the progress of the case, I am inclined to release the petitioner on bail. As such, prayer for bail of the petitioner is allowed. As such, petitioner, namely Md. Selim @ Chinu be enlarged on bail subject to 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 Learned CJM, Murshidabad. 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 Murshidabad without the prior permission of the learned Trial Court. Accordingly, CRM (M) 1973 of 2026 is allowed. Memo of Evidence submitted be kept with the record. 3 The observations made above are only restricted for adjudication of the bail application and should not be considered a final opinion on the merits of the case. 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.)