Tiyarul Sk @ Tiarul Sk Vs State of West Bengal — Bail and Remand | Calcutta HC (2026)

Tiyarul Sk @ Tiarul Sk Vs State of West Bengal — Bail and Remand | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Release of the petitioner on bail upon furnishing a bond of Rs. 20,000/- with two sureties of Rs. 10,000/- each (one surety to be local), to the satisfaction of the learned Additional Chief Judicial Magistrate, Lalbagh, Murshidabad; the petitioner to be physically present before the Court on each and every date and not to leave the jurisdiction of the district of Murshidabad without prior permission of the Court.

Issue for consideration

Whether the petitioner, Tiyarul Sk @ Tiarul Sk, who had been in custody for about 11 months in Islampur Police Station Case No. 135 of 2025, should be released on bail pursuant to his application made under Section 439 of the Code of Criminal Procedure, 1973 / Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Court's answer

Taking into account the eye-witness statement under Section 183 of the BNSS showing that the genesis of the dispute was trivial (a goat having destroyed a guava tree), and considering that the incident arose out of sudden provocation and that there was no possibility of the trial concluding in the near future, the Court found further detention of the petitioner unwarranted and allowed the prayer for bail.

Detailed headnote1 paragraphs

Bail allowed (Tirthankar Ghosh, J., 25.02.2026) to Tiyarul Sk @ Tiarul Sk, an accused in Islampur Police Station Case No. 135 of 2025 dated 07.03.2025 under Sections 126(2)/117(2)/118(2)109/74/3(5) of the Bharatiya Nyaya Sanhita, 2023, on an application under Section 439 of the Code of Criminal Procedure, 1973 / Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The petitioner had been in custody for 11 months and the charge-sheet implicated five persons. Relying on the eye-witness statement under Section 183 of the BNSS, the Court noted that the genesis of the dispute was a goat having destroyed a guava tree, treated the incident as arising out of sudden provocation, and observed no possibility of the trial concluding in the near future, holding further detention unwarranted. Release ordered on a bond of Rs. 20,000/- with two sureties of Rs. 10,000/- each (one local) to the satisfaction of the learned Additional Chief Judicial Magistrate, Lalbagh, Murshidabad, conditioned on the petitioner being physically present on every date and not leaving the district of Murshidabad without prior permission.

25.02.2026 Court No.35. D/L.242 Rakib (Allowed)

CRM (M) 461 of 2026

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 Islampur Police Station case no. 135 of 2025 dated 07.03.2025 under Sections 126(2)/117(2)/118(2)109/74/3(5) of the Bharatiya Nyaya Sanhita, 2023.

And

In the matter of : Tiyarul Sk @ Tiarul Sk.

Mr. Arnab Chatterjee Mr. Avik Ghosh Mr. Joydeep Biswas Mr. Sobhan Gani

……Petitioner. ……for the Petitioner. ……for the State.

Learned advocate appearing for the petitioner submits that petitioner is in custody for 11 months and five persons have been implicated in the charge-sheet. Petitioner is also named as an accused.

Learned advocate for the State opposes the prayer for bail and draws the attention of the Court to the statement of the witnesses along with the post-mortem report.

I have taken into account the statement of the one of the eye witnesses under Section 183 of the BNSS. The same reflects that the genesis of the dispute was with regard to a goat having destroyed a guava tree.

Having considered the genesis of the dispute and the fact that the incident arose out of sudden provocation, I am of the view further detention of the petitioner is unwarranted in the facts and

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circumstances of the present case as there is no possibility of the trial concluding in near future. As such, the prayer for bail of the petitioner is allowed.

Accordingly, petitioner namely, Tiyarul Sk @ Tiarul Sk shall be released on bail upon furnishing bond of Rs. 20,000/(Rupees Twenty Thousand only), with two sureties of Rs. 10,000 (Rupees Ten Thousand only) each, one of whom must be local to the satisfaction of the learned Additional Chief Judicial Magistrate, Lalbagh, Murshidabad.

If on bail, the petitioner shall be physically present on each and every date before the learned Court and shall not leave the jurisdiction of the district of Murshidabad without the prior permission of the learned Court.

Accordingly, the prayer for bail in CRM (M) 461 of 2026 is allowed.

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

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

(Tirthankar Ghosh, J.)