Calcutta High CourtCRM (DB)/574/2025allowed

Jamir Sk v. State Of West Bengal And ANR

2025-03-20Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Apurba Sinha Ray2 pages

20.03.2025 Item no. 36.

Court No.29.

S. De (Allowed) CRM (DB) No. 574 of 2025 In Re: An application for bail under Section 439 of the Code of Criminal Procedure corresponding to Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Rampurhat Police Station Case No. 234 of 2023 dated 13.07.2023 under Sections 458/376/325 of the Indian Penal Code.

And In the matter of : Jamir Sk.

...Petitioner.

Mr. Indranil Chandra, Ms. Nandita Sasak, ...for the Petitioner.

Mr. Atif Ahmed Siddiqui, ...for the State.

Dictated by Arijit Banerjee, J.

1. Service report as well as status report filed by the State, be kept with the records.

2. We find that 9 out of 15 chargesheet named witnesses have been examined till date. Six have turned hostile including the victim girl.

3. In that view of the matter, we see no justification to detain the petitioner in custody any further.

4. Accordingly, we direct that the petitioner, namely, Jamir Sk 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 Sessions Judge, Fast Track Court, Rampurhat, Birbhum subject to the condition that the petitioner shall remain within the jurisdiction of the concerned police station except for the purpose of attending

Court proceedings and shall meet the O.C/I.C. of the concerned police station once in a fortnight, 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 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.)