An application for Bail under Section 483 of the Bharatiya Nagrik Suraksha Sanhita’ 2023 {Section 439 of the Code of Criminal Procedure, 1973}

 

DISTRICT : UTTAR DINAJPUR.

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION

 

 

C.R.M. (M) No.                 OF 2025;

 

In the matter of:

An application for Bail under Section 483 of the Bharatiya Nagrik Suraksha Sanhita’ 2023 {Section 439 of the Code of Criminal Procedure, 1973};

 

          And 

                                                         

                                                          In the matter of:

Order dated 20-12-2024 passed by the Learned Additional Session Judge, Fast Track Court – II, Islampur, Uttar Dinajpur, in connection with Session Case No. 57 of 2024 (G.R. Case No. 2769 of 2023), which arose out of Goalpokher Police Station Case No. 530 of 2023, dated 21.09.2023, under Section 302, 312, & 120B of the Indian Penal Code’ 1860, read with Section 25(i)(a), 27, & 35 of the Arms Act, rejecting thereby the petitioner’s prayer for bail;

 

And

 

In the matter of ;

Md. Tamrej @ Tamrez (aged about- 34 years), Son of Md. Hasim, resident of Ward No.03, Galgalia, P.O. & P.S.- Galgalia, District – Kishanganj, P1N—855108, Bihar.

______Petitioner

(in Custody at Islampur Sub Correctional Home)

 

-      Versus –

 

The State of West Bengal

______Opposite Party

                                                         

To

The Hon’ble T. S. Sivagnanam, Chief Justice and His Companion Justices of the said Hon’ble Court

 

The humble petition of the petitioner above named most respectfully;

SHEWETH:

 

1. That the petitioner is permanently resides at the address mentioned in the cause title of this application. The petitioner filed an application for bail before the Learned Additional Session Judge FTC-II, Islampur, Uttar Dinajpur in Session Case No. 57 of 2024, corresponding to G.R. No. 2769 of 2023 in connection with Gloalpokher Police Station Case No. 530 of 2023 and on 20/12/2024, such prayer was rejected by the said Learned Court, in Session Case No. 57 of 2024 (G.R. Case No. 2769 of 2023), which arose out of Goalpokher Police Station Case No. 530 of 2023, dated 21.09.2023, under Section 302, 312, & 12B of the Indian Penal Code’ 1860, read with Section 25(i)(a), 27, & 35 of the Arms Act. Thereafter the Petitioner preferred his Bail application under Section 483 of the Bharatiya Nagrik Suraksha Sanhita’ 2023 {Section 439 of the Code of Criminal Procedure, 1973}, before the Hon’ble High Court Calcutta vide C.R.M. (DB) No. 205 of 2025, which was dismissed on 04-03-2025. Thus this is the Second Bail application before the Hon’ble Court. No other bail application is pending before any other Court of Law. The Petitioner at present is in Islampur Sub Correctional Home.

 

2. That one Md. Mashruque Inam Rahi son of Lt. Md. Rahi of villPanjipara Uttarbasti P.O-Panjipara P S-Goalpkher called at Panjipara OP under Goalpokher Police Station and submitted a written complaint against Md. Mustafa son of Anisur Rahaman of Vill-Pantapara P.O- Panjipara P.S—Goalpokher Dist—Uttar Dinajpur and others to the effect that on 20.09.23 at about 14.00 hrs. while the father of the complainant namely Md. Rahi left the Panjipara GP office for returning home at that time the accused Md. Mustafa, follower of INC party requested the father of the complainant for dropping him at Panjipara Bazar. Accordingly, the father of the complainant took him on his motorcycle and proceeded towards Panjipara Bazar. While both of them reached near station chowk and while crossing the road through station chawk cut out on NH 31 at that time two unknown miscreants riding on a motorcycle fired two rounds aiming to complainant's father with a view to kill him. After the sudden attack Md. Mustafa got down from the motorcycle and fled away and the complainant's father Md Rahi took left turn and rushed towards Colony More through the wrong side flank of NH 31 road to save himself from the clutch of the shooters. There after two miscreants riding on a motorcycle chased him through the same wrong flank on NH 31 road and fired few rounds aiming at Md. Rahi at Colony More. As a result, the complainant's father received O5 gunshot injuries on his body and fell down on the ground. Thereafter the miscreants fled away towards Kishanganj. After the incident local people shifted his injured father to nearby Kishanganj Lions Club Hospital from where his father was referred to Siliguri Neotia Nursing Home considering his critical condition. Subsequently on reaching Neotia Hospital at siliguri the attending medical officer declared him dead. The complainant believed that the accused Md. Mustafa made a criminal conspiracy and hired some professional criminals and murdered his father. Upon receipt of such complaint Goalpokher Police Station Case No. 530 of 2023 dated 21.09.2023 under Section 302/ 120B of Indian Penal Code and read with section 25 (i) (a) /27 Arms Act was started.

 

3. That in connection with the above noted case the petitioner was arrested on 23.09.2023 and since then he is in custody, in connection with the above noted case.

 

4. That your petitioner states and submit that the petitioner name not in the FIR, the petitioner name come from Charge sheet being 546 of 2023 dated 18.12.2023, wherein the Eleven number of accused persons shown and prayed for discharged of the Three accused persons, the petitioner is a daily labour by his occupation and he is only earning member of his family having dependents of his wife and children.

 

Certified copy of the FIR, and Charge sheet being 546 of 2023 dated 18.12.2023, and the Supplementary Charge Sheet being 09 of 2024, dated 16/12/2024, are collectively annexed herewith and marked as Annexure “P-1”.

 

5. The petitioner states that he is in no way connected with the above noted case and such complaint has been filed against them clearly out of personal vengeance and revenge.

 

6. That the petitioner states that the entire allegations made in the complaint were bogus, fictitious, malafide, false, fabricated and unreliable.

 

7. That your petitioner states that he was in no way connected with the said case and has been falsely implicated for wrecking vengeance and for settling personal grudge.

 

8. That your petitioner is in custody for about 1 Year 11 Months 9 Days and no useful purpose will be served by his further detention, since the Supplementary Charge Sheet has been Submitted by the Police vide Supplementary Charge Sheet No. 09 of 2024, dated 16/12/2024.

 

9. That the Petitioner states that the Charge was framed on 11/07/2024, and the first Witness being the Defacto Complainant was examined only on 20/12/2024, and thereafter 16 (Sixteen) Witnesses Examined thus in total 17 (Seventeen) Witnesses Examined till placing this application, before the Hon’ble Court. It is pertinent to states that the name of the petitioner has not ever come from any witnesses out of these 17 (Seventeen) Witnesses. Clearly no involvement of the petitioner surfaced from the entire episode of the Prosecution Story. Total 33 (Thirty Three) Witnesses has been purportedly given in the said Charge Sheet, wherein only 17 (Seventeen) Witnesses has only been Examined and the rests 16 (Sixteen) Witnesses are still awaiting to be Examined.

 

Certified copy of all orders and the Deposition of Witnesses and others are collectively annexed herewith and marked as Annexure – “P-2”.

 

10. That the petitioner states that the accused Saddam Alam @ Bhulu granted bail by Hon’ble High Court vide Order dated 17/12/2024 in CRM (DB) No. 2850 of 2024, subsequently the accused Asim Babu @ Wasim was granted bail by the Hon’ble High Court vide Order dated 18/03/2025, in CRM(DB) No. 229 of 2025, and lastly the accused Golam Mustafa @ Md. Gulam Mustafa @ Baba grated bail by Hon’ble High Court vide Order dated 28/08/2025, in CRM(DB) No. 486 of 2025, who is the principal accused person allegedly. Therefore 3 (Three) accused persons are on Bail granted by this Hon’ble Court wherein one accused person cited as the Principal Accused Person and the other two accused persons are the co-accused persons in the given Criminal Case. Thus only 5 (Five) accused persons are in Jail out of the total 8 (Eight) accused persons, in the given Criminal Case.

 

Server Copy of the Order dated 17/12/2024 in CRM (DB) No. 2850 of 2024, Order dated 18/03/2025, in CRM(DB) No. 229 of 2025, and Order dated 28/08/2025, in CRM(DB) No. 486 of 2025, are collectively annexed herewith and marked as Annexure – “P-3”

 

11. That the petitioner craves leave to urge the following, amongst other, grounds in support of this application;

GROUNDS

I.             That the petitioner is not named in the FIR, His name surfaced only in the charge-sheet, without any specific overt act attributed to him. This itself casts doubt on his alleged involvement;

 

II.           That there is no evidence against the petitioner. Despite examination of 17 (seventeen) witnesses, including the de facto complainant, no witness has implicated the petitioner in any manner whatsoever;

 

III.         That the petitioner has already suffered long incarceration. He has been in custody for about 1 year 11 months and 9 days, and further detention would amount to pre-trial punishment, which is impermissible in law;

 

IV.         That the investigation is complete. Both the charge-sheet (No. 546 of 2023) and supplementary charge-sheet (No. 09 of 2024) have been filed. No further custodial interrogation is required;

 

V.           That the co-accused have been granted bail Saddam Alam @ Bhulu was granted bail by this Hon’ble Court vide order dated 17.12.2024 in CRM (DB) No. 2850 of 2024, the accused Asim Babu @ Wasim was granted bail by the Hon’ble High Court vide Order dated 18/03/2025, in CRM(DB) No. 229 of 2025, and lastly the principal accused Golam Mustafa @ Baba was granted bail vide order dated 28.08.2025 in CRM (DB) No. 486 of 2025. On the principle of parity, the petitioner deserves similar relief;

 

VI.         That there is no chance of absconding. The petitioner is a permanent resident of Kishanganj, Bihar, and undertakes to remain present before the Court and co-operate with the trial;

 

VII.       That there is no apprehension of tampering with evidence. The principal witnesses have already been examined and the petitioner has no influence over the remaining witnesses.

 

VIII.      That the trial is likely to take a long time. Considering the number of witnesses and the pace of trial, continued detention would be oppressive and violative of the petitioner’s fundamental rights under Article 21 of the Constitution of India;

 

IX.         That the petitioner is entitled to bail on the settled principles of law, Bail is the rule and jail is the exception; denial of bail must be justified with cogent reasons, which are absent in the present case.

 

12. That the petitioner states that in the event he may be enlarged on bail, he will earnestly and honestly abide by and comply with the terms and conditions imposed on his bail.

 

13. That the petitioner states that he was not absconded ever or run away or go beyond control of his sureties. Moreover, he will not make any inducement, threat or promise to any person acquainted with the facts so as to dissuade him from disclosing such fact to the Court or to any Police Officer.

 

14. That the application is made bonafide and for ends of justice.

Your petitioner, therefore, prays that your Lordship may be graciously pleased to enlarge the petitioner on bail in connection with Session Case No. 57 of 2024, corresponding to G.R. Case No. 2769 of 2023 arising out of Goalpokher Police Station Case No. 530 of 2023 dated 21.09.2023 under Section 302, 312, & 120B of the Indian Penal Code’ 1860, read with Section 25(i)(a), 27, & 35 of the Arms Act under the facts and circumstances as aforesaid;

 

And

 

To pass such other order or orders and /or direction or directions as this Hon’ble Court may deem fit and proper; 

And for this act of kindness, your petitioners as in duty bound, shall ever pray.

AFFIDAVIT

 

I, Shakeela Khatun, Wife of Md. Hasim, aged about 56 years by faith Muslim, by Occupation House Wife, by Citizenship Indian, residing at Ward No.03, Galgalia, P.O. & P.S.- Galgalia, District – Kishanganj, P1N—855108, Bihar, do hereby solemnly affirm and say as follows:

 

1.       That I am the mother of the Petitioner, in the instant application and as such I am well acquainted with the facts and circumstances of the case. I am authorized by the Petitioner. I am competent to swear this affidavit.

 

2.                  That the statements made in paragraph No. 1 & 3 are true to my knowledge and those made in paragraph nos. 4 to 10 are derived from the case record, which I verily believe to be true and the rests are my humble submission before this Hon’ble Court.

 

 

Prepared in my office                           The deponent is known to me

 

                 Advocate                                Clerk to: Mr.                                                                                                                        Advocate

Solemnly affirmed before me

on this the       day of September, 2025.

 

I certify that all annexures

are legible.

 

               Advocate.

COMMISSIONER

DISTRICT : UTTAR DINAJPUR.

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION

 

C.R.M. (M) No.                 OF 2025;

 

In the matter of:

An application for Bail under Section 483 of the Bharatiya Nagrik Suraksha Sanhita’ 2023 {Section 439 of the Code of Criminal Procedure, 1973};

 

And

 

In the matter of:

Md. Tamrej @ Tamrez.

………..Petitioner

-Versus-

 

The State of West Bengal & Anr.

……Opposite Parties

 

 

 

 

 

 

BAIL APPLICATION

 

 

 

 

 

Ashok Kumar Singh, Advocate Bar Association, Room No.15, High Court, Calcutta. Mobile No. : 9883070666 / 9836829666, Email : aksinghadvocate@rediffmail.com