09.10.2026 cm ct 33 C.R.M. (M) 2111 of 2026 sl no.47 In Re : An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 correspondence to the Section 439 of the Code of Criminal procedure, 1973 in connection with Itahar P.S. Case No. 650 of 2021 dated 18.10.2021 Sections 302/34) of the Indian Penal Code, 1860 read with Section 25(II)(A)/27/35 of the Arms Act. Allowed In Re : Sukumar Ghosh ….. petitioner Mr. Jayanta Narayan Chatterjee Ms. Moumita Pandit Ms. Ritushree Banerjee …… for the petitioner Mr. Rajshree Venket Kundalia Mr. Deepak Khtawat …… for the State 1. The learned advocate representing the petitioner submitted the prayer for bail had been dismissed on 1st December, 2023 by the Division Bench of this Court in CRM(DB)4313 of 2023. The petitioner is submitted to have been in custody since 26th October, 2021 for a period of more than 4 years 11 months and 15 days and seeks for enlarging bail on the ground of medical conditions bearing pain in the gallbladder. 2. The learned advocate representing the State controverted the submission of the learned advocate representing the petitioner stressing the claim of the petitioner suffering from gallbladder issues had not been substantiated through medical documents. It was further 2 submitted 41 out of 42 witnesses have been examined. More-over, the petitioner allegedly had fired the gun shotdirectly to the victim resulting in his death and the fire arm was recovered at his instance through leading statement on his part. The ballistic report at Page 210 of the case diary and at Page 75 of the supplementary charge-sheet endorsed the act of the petitioner allegedly involved in the commission of the offence whereby the bullets and the seized fire arms were concurred with each other. It was further submitted that the next date for recording of the evidence of the Investigating Officer has been fixed on 7th December, 2026. 3. Considering the period of detention as well as recording of evidence of witnesses barring that of the investigating officer, this Court is of the view further custody is not required in the instant case and the prayer for bail of the petitioner is considered and allowed. 4. Accordingly, the petitioners be released on bail upon furnishing a bond of Rs.25,000/- each with two sureties of like amount each, one of whom must be local, to the satisfaction of the Chief Judicial Magistrate, Raiganj, Uttar Dinajpur, on condition that the petitioner shall appear before the Trial Court on every date of hearing and on further condition petitioner shall meet the local police station once in a week until further orders. 3 5. In the event he fails to appear before the Trial Court without justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court. 6. The application being CRM(M) No. 2111 of 2026 is disposed of. (Ananya Bandyopadhyay, J.)