Calcutta High Court (Appellete Side)
The Arms Act vs In Re : Md. Nausad @ Sk Nowsad on 16 June, 2025
Author: Suvra Ghosh
Bench: Suvra Ghosh
16.06.2025
30
jb.
jdt.
Allowed
C.R.M. (M) 415 of 2025
In Re : An Application under Section 439 of the Code of Criminal
Procedure/under Section 483 of the Bharatiya Nagarik Suraksha
Sanhita, 2023 filed in connection with Sankrail Police Station Case
No. 1402 of 2021 dated 23.11.2021 under Sections 302/120B/34
of the Indian Penal Code read with Sections 25(1B)(a)/27(3)/35 of
the Arms Act.
And
In Re : Md. Nausad @ Sk Nowsad
Mr. Sandip Chakraborty
Mr. Kaustav Das
… For the Petitioner.
Mr. Aniket Mitra
Ms. Jonaki Saha
… For the State
Mr. Ayan Bhattacharjee
Mr. Soumya Basu Roy Chowdhury
Mr. Saurav Kr. Mishra
Mr. R. Santra
… For the Defacto Complainant
The petitioner is in custody for more than 3 years.
Learned counsel for the petitioner submits that the
petitioner has not been named in the FIR. His name has
transpired from the statement of eye witnesses in course of
investigation. Vulnerable witnesses have been examined.
Learned counsels for the State and the defacto
complainant oppose the prayer. It is submitted that an
application under Section 311 of the Code of Criminal
Procedure was filed by the prosecution subsequently seeking
examination of 6 other witness. Their examination is yet to
be held.
I have considered the material on record.
2
The bail prayer of the petitioner was turned down by
this Court on 9th April, 2024 on the ground of his
involvement in the murder and also as vital witnesses were
not examined. The trial Court was requested to examine two
vital witnesses at the earliest. The application under Section
311 of the Code of Criminal Procedure was filed by the
prosecution at a belated stage, in fact, after bail prayer of the
petitioner was turned down by this Court. This Court is
informed that the application has been allowd on 13th June,
2025.
The petitioner was not named in the FIR. His name
transpired in course of investigation. Victim succumbed to a
single gunshot injury. The petitioner is not the principal
assailant and appears to be a member of the gang who
attacked the victim. No recovery has been made from the
petitioner. The two vital witnesses have been examined in
compliance with the direction of this Court.
Considering the material on record as well as extent of
complicity of the petitioner in the alleged crime, this Court is
inclined to hold that further detention of the petitioner is not
required. He shall be granted bail subject to stringent
conditions.
Accordingly, the prayer for bail is allowed.
The petitioner namely Md. Nausad @ Sk Nowsad shall
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
3
of the learned Chief Judicial Magistrate, Howrah subject to
conditions that he shall remain outside the jurisdiction of
Howrah district and shall furnish the address where he shall
presently reside before the learned trial Court, the
investigating officer and the concerned officer in charge of
the police station under whose jurisdiction he shall presently
reside. He shall appear before the learned trial Court on
every date of hearing fixed by the learned trial Court. He
shall not tamper with evidence or intimidate witnesses in
any manner whatsoever.
In the event the petitioner fails to adhere to any of the
conditions stated hereinabove, 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 disposed of.
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.)