Disposed¶18

Dalim Sk Alias Nabab Siraj v. State of West Bengal

Calcutta HC23 Jul 2026CRM(M)/1453/2026

Case brief

AI extract

What is this about?

Bail refused at this stage with conditional post-trial-stage release; CRM (M) 1453 of 2026; Dalim Sk @ Nabab Siraj; Samserganj PS Case No. 13 of 2024; Sections 326/307/34 IPC; Sections 25/27 Arms Act; Sections 3/4 E.S. Act; S.439 CrPC; S.483 BNSS; committal delay before Magistrate; injured witness CSW7 to be examined first; Tirthankar Ghosh, J.; decided 23.07.2026.

What did the court decide?

Immediate bail refused; petitioner to be released on bail by the learned trial Court after the evidence of the injured witness CSW7 (examined as first prosecution witness) is concluded, on such terms and conditions as the trial Court deems fit and proper; timelines fixed for committal (within seven days from 31.07.2026) and consideration of charges (within a month from receipt of records). ¶18

Dalim Sk Alias Nabab Siraj Vs State of West Bengal — Bail and Remand | Calcutta HC (2026)

What the court decided

AI extract

Outcome

¶18

Issue for consideration

Whether the petitioner, in custody for 13 months in Samserganj Police Station case no. 13 of 2024 with committal to the Sessions Court still pending, should be released on bail at this stage.

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Court's answer

Bail declined at this stage: having considered the period of detention of the petitioner and his complicity in the alleged offence, the court was not inclined to release him on bail as the case is being unnecessarily delayed before the learned Magistrate.

¶13

Ratio / Principle

Direction to the learned Magistrate to overcome the stage of commitment of the proceedings to the learned Sessions Court within seven days from 31st July, 2026.

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Key takeaways

Direction to the learned Sessions Judge to overcome the stage of consideration of charges within a month from the date of receipt of the records.ratio¶16
The injured witness is to be fixed as the first witness of the case after consideration of charges, and the evidence of the injured witness is to be concluded preferably within 60 days.ratio¶16
Conditional bail: once the evidence of the injured witness (CSW7), examined as first prosecution witness, is over, the learned trial Court is to release the petitioner on bail on such terms and conditions as it deems fit and proper.

Detailed headnote1 paragraphs

Bail application under Section 439 of the Code of Criminal Procedure, 1973 / Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 arising out of Samserganj Police Station case no. 13 of 2024 dated 10.01.2024 (Sections 326/307/34 IPC; Sections 25/27 Arms Act; Sections 3/4 E.S. Act). Despite 13 months' custody and the charge-sheet naming three accused, bail was declined at this stage, the court noting that the case was being unnecessarily delayed before the learned Magistrate with committal still pending. Timelines were fixed: the learned Magistrate to overcome the stage of commitment within seven days from 31.07.2026; the learned Sessions Judge to overcome consideration of charges within a month of receipt of records; the injured witness (CSW7) to be examined as first prosecution witness with his evidence concluded preferably within 60 days, after which the trial Court is to release the petitioner on bail on such terms and conditions as it deems fit and proper. Application disposed of accordingly.

¶1

23.07.2026 Court No.35. D/L.261. Rakib (Rejected)

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CRM (M) 1453 of 2026

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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 Samserganj Police Station case no. 13 of 2024 dated 10.01.2024 under Sections 326/307/34 of the Indian Penal Code and Sections 25/27 of the Arms Act and under Sections 3/4 of the E.S. Act.

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And

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In the matter of : Dalim Sk @ Nabab Siraj

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……Petitioner.

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Mr. Sandipan Ganguly, Sr. Adv, Mr. Satadru Lahiri Mr. Md. Anwar Hossain Mrs. Benajir Hasna Mr. Aliul Islam Mr. Sadid Haidar

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.....for the Petitioner.

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Mr. Gouranga Kr. Das, Ld. APP Mrs. Ananya Chakraborty

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……for the State.

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Learned senior advocate appearing for the petitioner submits that the petitioner is in custody for 13 months. The case is yet to be committed as has been submitted by the learned advocate. According to the petitioner other accused persons are on bail, charge-sheet names three accused persons.

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Learned advocate appearing for the State on the other hand submits that other accused persons are absconding. Charge-sheet reflects three persons have been accused in the present case.

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Be that as it may, having considered the period of detention of the present petitioner and his complicity in the alleged offence, I am not inclined to release the petitioner on bail at this stage as the case is being unnecessarily delayed before the learned Magistrate.

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¶15

It has been informed that 31^st of July, 2026 is the next date fixed. Learned Magistrate would within seven days from 31^st of July, 2026 overcome the stage of commitment of the proceedings to the learned Sessions Court.

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Learned Sessions Judge, would within a month from date of receipt of the records overcome the stage of consideration of charges. The injured may be fixed as the first witness of the case after consideration of charges preferably within 60 days the evidence of the injured witness be over.

¶17

After the evidence of injured witness being CSW7 is over as first prosecution witnesses, learned trial Court would release the petitioner on bail on such terms and conditions as it deems fit and proper.

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With the aforesaid observations CRM (M) 1453 of 2026 is disposed of at this stage.

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Memo of evidence submitted by the State be kept with the record.

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All parties shall act in terms of server copy of the order downloaded from the official website of this Court.

¶21

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

¶22

(Tirthankar Ghosh, J.)

Dalim Sk Alias Nabab Siraj v. State of West Bengal

Case brief

What is this about?

What did the court decide?

Dalim Sk Alias Nabab Siraj v. State of West Bengal

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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