Sanjib Sardar Vs State of West Bengal — Murder and Culpable Homicide | Calcutta HC (2026)

Sanjib Sardar Vs State of West Bengal — Murder and Culpable Homicide | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Bail allowed — petitioner Sanjib Sardar to be released on bail on furnishing bond of Rs.20,000/- with two sureties of Rs.10,000/- each (one surety local) to the satisfaction of the learned Additional Sessions Judge, 3rd Court, Howrah; petitioner to be physically present on each and every date fixed before the trial court and not to leave the district of Howrah without prior permission of the trial court.

Issue for consideration

Whether the petitioner, Sanjib Sardar, should be released on bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Liluah Police Station Case No.312 of 2025. +1 more

Court's answer

Bail granted: the petitioner is to be released on bail on furnishing a bond of Rs.20,000/- with two sureties of Rs.10,000/- each (one of whom must be local) to the satisfaction of the learned Additional Sessions Judge, 3rd Court, Howrah, on conditions that he remain physically present on each and every date fixed before the trial court and not leave the district of Howrah without prior permission of the trial court.

Ratio / Principle

Taking the case diary materials at their highest, the petitioner's complicity is at the most some peripheral activity, the main part of the act having been committed by other accused persons.

Key takeaways

Bail was granted without entering into the merits of the case, on the facts of the period of detention and the locus and participation of the petitioner.ratio¶14

Detailed headnote1 paragraphs

Bail — S.483 Bharatiya Nagarik Suraksha Sanhita, 2023 — application in connection with Liluah Police Station Case No.312 of 2025 dated 20.06.2025 under Ss.103(1)/238(a)/309(6)/311/317(5)/61(2)(b)/3(5) of the Bharatiya Nyaya Sanhita, 2023 — petitioner in custody for over 9 months, charge-sheet filed — case diary materials, taken at their highest, disclose at the most peripheral complicity of the petitioner, the main part of the act being attributed to other accused — prosecution relies on 30 witnesses and trial would take time — without entering into the merits, and on the facts of the period of detention and the petitioner's locus and participation, bail granted — bond of Rs.20,000/- with two sureties of Rs.10,000/- each (one local) to the satisfaction of the learned Additional Sessions Judge, 3rd Court, Howrah — conditions: physical presence on each trial date and no departure from Howrah district without prior permission of the trial court — C.R.M. (M) 152 of 2026 allowed (Tirthankar Ghosh, J.).

D/L22

C.R.M. (M) 152 of 2026

07.04.2026 Bpg. In Re: An application for Bail under Section 483 of the Bhartiya Nagarik Allowed Suraksha Sanhita, 2023 filed in connection with Liluah Police Station Case No.312 of 2025 dated 20.06.2025 under Sections 103(1)/238(a)/309(6)/311/317(5)/61(2)(b)/3(5) of the Bharatiya Nyaya Sanhita, 2023;

Sanjib Sardar Versus The State of West Bengal

Mr. Sourav Chatterjee

Mr. Soumya Nag Ms. Sumitava Chakraborty

Ms. Bratati Pramanick

Mr. Shantanu Chakraborty. …for the petitioner.

Mr. Subhamay Bhattacharya. …for the State.

Learned senior advocate appearing for the petitioner submits that the petitioner is in custody for more than 9 months, charge-sheet has already been submitted and so far as the present petitioner is concerned, his complicity as is reflected from the documents supplied by the prosecution is recovery of an iron rod and the petitioner’s gesture, posture, physique has matched in gait pattern analysis.

Learned advocate for the State opposes the prayer for bail and submits that the petitioner was thickly connected with the offence. The driver of the vehicle was murdered and the vehicle was recovered from a garage. The purpose of the accused persons was

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for dacoity and to that extent when the driver did not agree, he was murdered.

I have taken into account the materials appearing in the case diary so far as the present petitioner’s complicity is concerned, if all the materials in the case diary are taken to be true at the most the petitioner’s complicity would be some peripheral activity and the main part of the act was committed by other accused persons. Having regard to the same, particularly the detention of the present petitioner and the fact that 30 witnesses have been relied upon by the prosecution which would take some time to complete, without entering into the merits of the case and on the facts of period of detention with regard to the locus and participation of the present petitioner, I am inclined to release the petitioner on bail.

Accordingly, the prayer for bail of the petitioner is allowed. The petitioner, namely, Sanjib Sardar shall be released on bail upon furnishing bond of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties of Rs.10,000/- each, one of whom must be local to the satisfaction of the learned Additional Sessions Judge, 3^rd Court, Howrah. If on bail, the petitioner shall be physically present on each and every date fixed before the learned trial court and shall not leave the district of Howrah without prior permission of the learned trial court.

Accordingly, CRM(M) 152 of 2026 is allowed.

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

Urgent photostat certified copy of this order, if applied

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for, be supplied to the parties upon compliance of all requisite formalities.

(Tirthankar Ghosh, J.)