Durul Sk v. State Of West Bengal

66.

07.03.2025 Court No.29 (Pritam) (Allowed)

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION CRM (DB) 296 of 2025 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure, 1973 / Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, arising out of Kaliachak Police Station Case No.701/2024 dated 20.05.2024 under Sections 489B/489C/120B of the IPC, 1860.

And In the matter of: - Durul Sk.

...petitioner.

Mr. Tapodip Gupta ...for the petitioner.

Mr. Arani Bhattacharya ...for the State.

Dictated by Arijit Banerjee, J.

1. The petitioner says that he has no connection with the alleged offence. There was no recovery of any fake Indian currency notes from him. He has been implicated solely on the basis of statement made by a co-accused person. He is in custody for 4 (four) and half months. Investigation is complete. His further custodial detention is unnecessary.

2. Opposing the prayer for bail, learned State advocate says that the co-accused has given a statement that the petitioner is the supplier of the fake India currency notes. Charge is yet to framed. There is sufficient incriminating material against the petitioner.

3. We have seen the materials on record. Nothing was recovered from this petitioner. His statement is based only on the statement of a co-accused person made before the police office which may not be admissible in evidence.

4. In view of the above and considering that charge-sheet has been submitted upon completion of investigation, we are of the view that further custodial detention of the petitioner is not necessary.

5. Accordingly, we allow the petitioner's prayer for bail.

6. Accordingly, we direct that the petitioner, namely, Durul Sk. shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand), with two sureties of like amount each, one of whom must be local, to the satisfaction of learned C.J.M, Malda. The petitioner shall appear before the trial Court on each and every date of substantive hearing subject to the provisions of Section 317 of the Code of Criminal Procedure, 1973 / Section 355 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever. The petitioner shall not enter the territorial jurisdiction of Kaliachak Police Station and shall meet the I.O. once in every fortnight, until further orders.

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

8. The application for bail being CRM (DB) 296 of 2025 is, thus, disposed of.

9. All parties shall act on the server copies of this order duly downloaded from the official website of this Court. 10.

Criminal Section is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities.

(Arijit Banerjee, J.) (Prasenjit Biswas, J.)