Calcutta High Court (Appellete Side)
Sk. Nijamul Haque @ Sk Kalobabu & Ors vs Unknown on 16 February, 2026
Author: Tirthankar Ghosh
Bench: Tirthankar Ghosh
16.02.2026
Court No.35.
M/L.239.
Rakib
(Allowed)
CRM (M) 2493 of 2025
In Re: An Application for Bail under Section 439 of the Code of
Criminal Procedure, 1973/Under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 in connection with Galsi Police
Station case no. 137 of 2025 dated 06.03.2025 under Sections
126(2)/115(2)/117(2)/109(1)/76/351(2) read with Section 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
And
In the matter of : Sk. Nijamul Haque @ Sk Kalobabu & Ors.
……Petitioners.
Mr. Imtiaz Ahmed
Mrs. Ghazala Firdaus
Mr. Mofakkerul Islam
Mr. Sk Saidullah
Mr. Mithun Mondal
Mr. Md. Arsalan
……for the Petitioners.
Ms. Shaila Afrin
Mr. Mainak Gupta
……for the State.
Learned advocate appearing for the petitioners submits that
the petitioner is in custody for around 346 days and one of the
similarly placed accused person has been granted bail.
Learned advocate for the State opposes the prayer for bail
and submits that one of the victim was admitted in hospital for
more than 13 days. So far as the another victim is concerned seven
stitches had to be administered.
However, from the records attention of the Court has been
drawn to the fact that Monirul Sk has been granted bail and all the
three petitioners are similarly situated as the said Monirul Sk. I
have also taken into account the genesis of the dispute which relate
to laying down of pipelines for water supply.
2
Having considered that the incident was on sudden
provocation because of the land of the de-facto complainant being
used for laying down water pipeline, I am of the view that much
culpability is not involved in the present case, although, the injuries
are of very serious in nature.
Having regard to the same, I am inclined to release the
petitioners on bail. Accordingly, the prayer for bail of the petitioners
is allowed.
As such, petitioners namely, Sk. Nijamul Haque @ Sk
Kalobabu; Sk. Tajemul Haque @ Sk. Tajimul Haque @ Sk.
Rajimul Haque @ Sk. Lalbabu and Sk Ekramul Haque @ Sk
Dayalu shall be released on bail upon furnishing bond of Rs.
20,000/- (Rupees Twenty Thousand only) each, with two sureties of
Rs. 10,000 (Rupees Ten Thousand only) each, one of whom must be
local to the satisfaction of the learned Chief Judicial Magistrate,
Purba Bardhaman.
If on bail, the petitioners shall be physically present on each
and every date before the learned Trial Court and shall not leave the
jurisdiction of district of Purba Bardhaman without the prior
permission of the learned Trial Court.
Thus, the application for bail being CRM (M) No. 2493 of
2025 is allowed.
All parties shall act in terms of server copy of the order
downloaded from the official website of this Court.
3
Urgent photostat certified copy of this order, if applied for, be
supplied to the parties upon compliance with all requisite
formalities.
(Tirthankar Ghosh, J.)
