Calcutta High Court
CRM(M)/1993/2026 of SK FIJUR @ FIJUR RAHMAN Vs STATE OF WEST BENGAL on 16 September 2026
16.09.2026 Rohit, A.R.(Ct.) ct.no.35 IN THE HIGH COURT AT CALCUTTA CRIMINAL MISCELLANEOUS JURISDICTION APPELLATE SIDE C.R.M (M) 1993 of 2026 Sk Fijur @ Fijur Rahaman Vs The State of West Bengal In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/ Section 483 of
D/L 14
16.09.2026
Rohit, A.R.(Ct.)
ct.no.35
IN THE HIGH COURT AT CALCUTTA
CRIMINAL MISCELLANEOUS JURISDICTION
APPELLATE SIDE
C.R.M (M) 1993 of 2026
Sk Fijur @ Fijur Rahaman
Vs
The State of West Bengal
In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/ Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Manikchak Police Station Case No.
of
dated
22.02.2026
under
Sections
115(2)/117(2)/126(2)/351(2)/3(5) of the BNS and adding Section 103(1) of the BNS
And
In the matter of : Sk. Fijur @ Fijur Rahman
……Petitioner.
Ms. Sohini Adhikari
Ms. Arpita Biswas
…for the Petitioner
Mr. Krishnendu Bhattacharya, Ld. APP
Ms. Tanusree Kar
…for the State
Mr. Md. Wasim Akram
…for the De-facto Complainant
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
1. Learned Advocate appearing for the petitioner submits that petitioner was arrested on 19.06.2026 and since then he is in custody. Charge-sheet has already been submitted and the genesis of the case relate to a neighbouring dispute which was blown out of proportion.
2. Learned Advocate for the de facto complainant opposes the prayer for bail and submits that the release of the petitioner would jeopardize the trial of the present case as there is imminent threat of danger from the present petitioner.
3. State has opposed the prayer for bail and produced the Case Diary.
4. I have taken into account the genesis of the present dispute which is amongst the neighbours. It is a fact that the vital blow was inflicted by the present petitioner with a bamboo stick and there was a scuffle existing at the locality at the relevant point of time.
5. However, having regard to the manner in commission of the offence, I find that the difference and dispute which resulted in the commission of the offence at the relevant point of time escalated and was blown out of proportion. Prima facie it reflects that there was lack of pre-plan in ending the life of the present petitioner. Having considered the same, I am of the view that on stringent conditions petitioner may be released on bail.
6. Accordingly, the prayer for bail of the petitioner is allowed. The petitioner, namely, Sk Fijur @ Fijur Rahman 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 Learned Chief Judicial Magistrate, Malda.
7. If on bail, the petitioner shall be physically present on each and every date before the learned Trial Court and shall not leave the district of Malda without prior permission of the learned Trial Court. Additionally, petitioner shall not enter the jurisdiction of Manikchak Police Station and shall inform the address where he would be residing to the learned CJM, Malda before his release. Learned CJM, Malda would impose an additional condition where the petitioner would meet the Officer-in-Charge of the local police station where he would reside once in every ten days till disposal of all the vulnerable witnesses are completed before the learned Trial Court.
8. With the aforesaid observation, C.R.M (M) 1993 of 2026 is allowed.
9. All parties shall act in terms of server copy of the order downloaded from the Official website of this Court.
10. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.
(Tirthankar Ghosh, J.)