Calcutta High Court
CRM(M)/1864/2026 of SHIBAPRASAD KUILA @ SHIB PRASAD KAILLYA Vs STATE OF WEST BENGAL on 24 September 2026
IN THE HIGH COURT AT CALCUTTA Item No.19 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc. Allowed C.R.M. (M) 1864 of 2026 In Re : An Application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 corresponding to Section 439 of the Code of Criminal Procedure, 1973 filed
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24.09.2026
IN THE HIGH COURT AT CALCUTTA Item No.19
CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc. Allowed C.R.M. (M) 1864 of 2026
In Re : An Application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 corresponding to Section 439 of the Code of Criminal Procedure, 1973 filed in connection with Shyampur Police Station Case No. 275 of 2021 dated 10.07.2021 under Sections 302/34 of the Indian Penal Code.
And
In Re : Shibaprasad Kuila @ Shib Prasad Kaillya
... Petitioner.
Mr. Tauhid Khan, Mr. Atanu Haldar
... For the Petitioner.
Mr. Kalidas Saha, Mr. Sanjib Das
... For the State.
Learned advocate appearing for the petitioner submits that petitioner is in custody since 10.07.2021. Till date, 10 witnesses have been examined and the prosecution as a whole intends to examine 17 witnesses. Learned advocate appearing for the State, on the other hand, opposes the prayer for bail and emphasises on the manner of death by drawing the attention of the Court to the statement under Section 164 of the Code of Criminal Procedure of the wife of the deceased. I have taken into account the period of detention of the present petitioner as also the fact that there is no criminal antecedent of the present petitioner. Additionally, I have seen the facts of the case which is a dispute between the two brothers and the same escalated resulting in assault which finally led to the deceased succumbing to the injuries.
Having regard to the nature of the case which is being faced by the present petitioner, the period of detention of the petitioner as also the fact that some time will be required to take the trial to its logical conclusion, without further entering into the merits of the case, I am inclined to release the petitioner on bail. As such, the prayer for bail of the petitioner is allowed. Accordingly, the petitioner viz., Shibaprasad Kuila @ Shib Prasad Kaillya shall be released on bail upon furnishing bond of Rs.20,000/-, with two sureties of Rs.10,000/- each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Uluberia. 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 the district of Howrah without prior permission of the learned Trial Court. Additionally, the petitioner shall stay outside the jurisdiction of Shyampur Police Station and inform his address where he would be residing to the learned Trial Court before he is released on bail. Memo of Evidence submitted by the learned advocate appearing for the State be kept with the record. The application for bail, being CRM (M) 1864 of 2026, is, thus, disposed of. All concerned parties shall act on the server copy of this order duly 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.)