CRM(M)/2309/2026 of MD SHAMEEM @ MD SHAMIM Vs STATE OF WEST BENGAL on 22 September 2026

22.09.2026 Court No.35. D/L.1087. Rakib (Allowed)

CRM (M) 2309 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 Tiljala Police Station case no. 226 of 2026 dated 12.05.2026 under Sections 287/110/105/3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 11J/11L/26 of the West Bengal Fire Services Act, 1950.

And In the matter of : Md. Shameem @ Md Shamim

……Petitioner. Mr. Sekhar Kumaar Basu, Sr. Adv, Mr. Suraj Mishra

.....for the Petitioner. Mr. Anindya Ghosh Mr. Pronojit Roy

……for the State.

Memo of evidence submitted and the Case Diary reflects that petitioner is an employee/Manager/Supervisor of the factory wherein fire was set, as a consequence of intensity of the fire some of the workers were injured and three of them succumbed to death. Investigation of the case has already been completed and charge-sheet has already been submitted before the jurisdictional Court. The investigating agency on conclusion of investigation has charge-sheeted four accused persons which include the three owners and the present petitioner who happen to be the employee/Manager/Supervisor. Learned advocate appearing for the State opposes the prayer for bail and drawn the attention of the Court to the documents which have been collected by the investigating agency. I find that the charge-sheet was submitted under Section 287/110/105 of BNS along with relevant provisions of the West Bengal Fire Services Act.

2 Petitioner is an employee and the facts of the case reflect that the so far as the present petitioner is concerned, there is lack of culpability from the side of the petitioner in spite of the gravity of the offence. As such I am inclined to release the petitioner on bail. Accordingly, the prayer for bail of the petitioner is allowed. As such, the petitioner, namely, Md. Shameem @ Md Shamim 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, Alipore, South 24 Parganas. 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 districts of Kolkata and South 24 Parganas without prior permission of the learned Trial Court. Thus, CRM (M) No. 2309 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.)