Prasenjit Singha Roy v. State Of West Bengal

18.03.2025 Item no. 26.

Court No.29.

AB (Allowed) CRM (DB) 185 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 Taltala Police Station Case No.96 of 2022 Dated 19.07.2022 under Sections 120B/170/365/395/466/467/471/34 of the Indian Penal Code And In the matter of : Prasenjit Singha Roy ......Petitioner.

Mr. Pritam Majumdar ......for the Petitioner.

Mr. Ranadeb Sengupta, Ms. Suparna Chatterjee ......for the State.

Dictated by Arijit Banerjee, J.

1.

The petitioner claims parity citing an order dated January 28, 2025, passed in CRM (DB) 4137 of 2024, whereby a co-accused person by the name of Joydeep Roy, was granted bail on the ground of delay in trial. That person was in custody for about two years and two months. Charge has not yet been framed. The petitioner says that he is in custody also for two years and two months. Charge is yet to be framed.

2.

Learned State Counsel, while opposing the bail prayer, in his usual fairness, does not dispute that insofar as the issues of delay in trial and period of detention are concerned, this petitioner is similarly circumstanced as the said Joydeep Roy.

3.

Hence, on the ground of parity, we allow the petitioner's prayer for bail.

4.

Accordingly, we direct that the petitioner, namely PRASENJIT SINGHA ROY shall be released on bail upon furnishing a bond of Rs.10,000/-, with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Chief Judge, City Sessions Court, Calcutta, and on further conditions that he shall not leave the territorial jurisdiction of Dum Dum Police Station except for the purpose of attending Court proceedings and further investigation and shall meet the Officer in charge, Anti Dacoity & Robbery Squad, Detective Department, Lalbazar, Kolkata Police, once in a week until further orders.

5.

The petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence and/or commit any cognizable offence in any manner whatsoever.

6.

In the event the petitioner fails to adhere to any of the conditions stipulated above without justifiable cause, the trial court shall be at liberty to cancel the petitioner's bail in accordance with law without further reference to this Court.

7.

The application for bail is, accordingly, allowed. 8.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Apurba Sinha Ray, J.) (Arijit Banerjee, J.)