Mukul Sk on 8 April, 2025

Calcutta High Court (Appellete Side)

47/148/149/326/307/302/34 Of The … vs In Re : Mukul Sk on 8 April, 2025

Author: Suvra Ghosh

Bench: Suvra Ghosh

    45
08.04.2025

Ct.No.34
b.das
Allowed
C.R.M. (DB) 644 of 2025

In Re : An application for bail under Section 483 of the BNSS,
2023 filed in connection with Nakasipara P.S. Case No. 317 of
2024 dated 04.04.2024 under Sections
147/148/149/326/307/302/34 of the Indian Penal Code.

                                      And

             In Re :         Mukul Sk.
                                                                      ... Petitioner.

             Ms. Karabi Roy                 ... for the Petitioner.

             Ms. Z. N. Khan
             Mr. Prakash Mishra             ... For the State.

Heard learned counsels for the parties.

The petitioner seeks parity with co accused Maslem

Sk. @ Dulai Sk. who was granted bail earlier.

Learned counsel for the petitioner submits that the

petitioner is in custody for about 230 days and stands on the

same footing as the co accused.

Learned counsel for the State opposes the prayer and

submits that the petitioner has been named by the wife of

the victim in her statement recorded under Section 164 of

the Code of Criminal Procedure. One of the offending

weapons has been recovered pursuant to the leading

statement of the petitioner. The petitioner does not stand on

the same footing as the co accused who have been granted

bail earlier.

I have perused the material on record. The victim’s

wife has named the petitioner as well as co accused Maslem

Sk. in her statement but no specific overt act has been
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attributed to the petitioner. A case of joint assault has been

made out. The offending weapon was recovered from a

paddy field of one Sarkat Mondal on 28th June, 2024, though

the petitioner was arrested on 22nd June, 2024. The

petitioner appears to be similarly circumstanced with the co

accused who was granted bail earlier.

Upon consideration of the material on record as well

as period of detention of the petitioner, this Court is of the

view that further detention of the petitioner is not required

and he may be enlarged on bail on stringent conditions.

The prayer for bail is allowed.

The petitioner, Mukul Sk. be released on bail upon

furnishing bond of Rs.10,000/- (Rupees Ten Thousand only),

with two sureties of like amount each, one of whom must be

local, to the satisfaction of the learned Chief Judicial

Magistrate, Nadia subject to condition that he shall not enter

the jurisdiction of Nakasipara P.S. except for the purpose of

appearing before the learned trial Court on every date of

hearing. He shall not intimidate witnesses or tamper with

evidence in any manner whatsoever. He shall provide the

address where he shall presently reside before the learned

trial Court, the investigating officer and the concerned

Officer in charge of the P.S. where he shall presently reside.

In the event the petitioner fails to comply with any of

the conditions as stated above, the learned trial Court shall

be at liberty to cancel his bail in accordance with law

without further reference to this Court.

The application for bail is thus disposed of.
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Case Diary be returned.

All parties shall act on the server copy of this order

duly downloaded from the official website of this Court.

Urgent certified website copy of this order, if applied

for, be supplied to the parties upon compliance with all

requisite formalities.

(Suvra Ghosh, J.)