Calcutta High Court

CRM(M)/260/2026 of BAJAR ALI SEKH Vs THE STATE OF WEST BENGAL on 18 August 2026

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Court No.09. (NMD) IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH

17 18.08.2026

Court

No.09. (NMD)

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI

APPELLATE SIDE

CRM (M) 260 of 2026

In Re: - An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Sahebganj Police Station Case No. 93 of 2026 dated 05.03.2026 under Sections 85/103(1)/3(5) of the Bharatiya Nyaya Sanhita, 2023

- And -

In the matter of: - Bajar Ali Sekh

..…Petitioner.

Mr. Sudip Guha,

Ms. Sayantani Das,

Ms. Ankita Nag

…for the Petitioner.

Mr. Avrojyoti Das, Ld. APP,

Mr. Gobinda Saha,

Mr. Mayank Bhandari

….for the State.

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1. Learned Counsel for the petitioner has submitted that the petitioner is an aged person and he did not commit the murder of his wife. He has been falsely implicated in this case. The learned Counsel has also drawn the attention of this Court to the specific portion of the charge-sheet. As the investigation is complete, the petitioner may be enlarged on bail any condition.

2. The learned Counsel for the State opposes the prayer for bail. According to him, there are sufficient incriminating materials in the case diary. He has drawn the attention of this Court to the post mortem report and the statement of the defacto complainant recorded under Section 183 BNSS.

3. I have considered the materials on record including the statement of the defacto complainant under Sections 164 of the Code of Criminal Procedure /183 of the BNSS. It appears that the investigation is complete the present petitioner might not have given the fatal blow to the victim. However, considering the fact that the investigation is complete and there is no chance an early conclusion of the trial. I am inclined to allow the prayer of the petitioner for bail certain conditions:-

a) The petitioner, namely Bajar Ali Sekh, shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand), with two sureties of Rs.5,000/- (Rupees Five Thousand) each, one of whom must be local, to the satisfaction of the Learned Additional Chief Judicial Magistrate, Dinhata.

b) The petitioner shall appear before the learned Trial Court on each and every date of hearing and/or as and when to be directed by the Court.

c) The petitioner shall not intimidate or threaten the witnesses and/or tamper with evidence in any manner whatsoever and shall not commit any cognizable offence in any manner whatsoever.

d) The petitioner shall meet the Inspector-in-Charge of Sahebganj Police Station once in a fortnight, until further orders.

4. In the event, the petitioner fails to adhere to any of the conditions stipulated above, the Trial Court shall be at liberty to cancel the bail in accordance with law.

5. The application for bail is, thus, allowed.

6. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Apurba Sinha Ray, J.)

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