CRM(M)/2007/2026 of JOHIR SEIKH @ JOHIR SEKH @ ZAHIR SEKH Vs STATE OF WEST BENGAL on 30 September 2026

30.09.2026 Court No.35. D/L.28. Rakib (Allowed)

CRM (M) 2007 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 Labpur Police Station Case no. 46 of 2024 dated 11.03.2024 under Sections 498A/302 of the Indian Penal Code.

And In the matter of : Johir Seikh @ Johir Sekh @ Zahir Sekh

……Petitioner. Mr. Sujoy Sarkar

.....for the Petitioner. Mr. Koustav Lal Mukherjee Mrs. Pritha Sinha

……for the State.

Learned advocate appearing for the petitioner submits that petitioner is in custody for more than two years six months and till date only 4 witnesses have been examined out of the 27 witnesses cited by the prosecution. Learned advocate appearing for the State opposes the prayer for bail and draws the attention of the Court to the statement under Section 164 of the Cr.P.C. of one Nurjahar Bibi. I have taken into account the statement. The witnesses stated that the present petitioner was staying at Delhi and Chennai for his employment. However, the deceased became quarrelsome, as such the child called the father. A dispute arose between the husband and wife thereafter, the incidents which followed cannot be approved as the same allegedly resulted in death of the victim. However, memo of evidence do not reflect that there are criminal antecedents of the present petitioner. The genesis of the dispute is matrimonial differences and after 12 years of marriage, the son had certain complains against the mother as is reflected from the statement of witnesses before the learned Judicial Magistrate. Having considered the period of incarceration of the present petitioner and only 4 witnesses have been examined out of 27 witnesses and without further entering into the merits of the case, I am inclined to release the petitioner on bail. As such, prayer for bail of the petitioner is allowed. Accordingly, the petitioner, namely, Johir Seikh @ Johir Sekh @ Zahir Sekh 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. 2007 of 2026 is allowed. 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. 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.)