Ramesh Bag v. State Of West Bengal And ANR

11.

25-03-2025 (ct. no.29) debajyoti (allowed) CRM (DB) 601 of 2025 In re: An application for bail under Section 439 of the Code of Criminal Procedure/483 of the Bhartiya Nagarik Suraksha Sanhita in connection with Purbasthali Police Station Case No.220 of 2024 dated 24-07-2024 under Sections 329(4)/64(1)/351(2) of the Bharatiya Nyaya Sanhita.

- A n d - In the matter of : Ramesh Bag .... Petitioner.

Ms. Shreyeta Mitra ... For the Petitioner.

Mr. Saibal Bapuli, learned APP, Mrs. Manasi Roy ... For the State.

Dictated by Arijit Banerjee, J.

1. Service report filed by the State is taken on record. In spite of service, none appears on behalf of the victim/defacto complainant.

2. The petitioner says that he has been falsely implicated. There is no material against him as would justify his further custodial detention. He has been in custody for more than seven months.

3. Opposing the prayer for bail, learned Additional Public Prosecutor draws our attention to the statement of the victim lady, 45 years of age, recorded under Section 164 of the Code of Criminal Procedure. We notice that the allegation in the statement is against one Amesh Pal. Learned Additional Public Prosecutor tells us that Ramesh Bag has

been wrongly recorded as Amesh Pal. We think that is quite possible.

4. In any event, having considered the nature of the allegation and the medical report, which reveals nothing, we are of the view that further custodial detention of the petitioner is not necessary.

5. Accordingly, we direct that the petitioner, namely, Ramesh Bag, 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 Additional Sessions Judge, Kalna, Purba Bardhaman. The petitioner shall appear before the learned 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 and shall not commit any cognizable offence in any manner whatsoever. The petitioner shall not enter the jurisdiction of Purbasthali Police Station except for the purpose of attending the court proceedings and shall appear before the Officer-inCharge/Inspector-in-Charge under whose jurisdiction he shall be residing, once in a week, until further orders. The petitioner shall, through his learned advocate, inform the learned trial Court, Purbasthali Police Station and the jurisdictional police station where he shall be residing while on bail, his current local address.

6. 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.

7.

The application for bail is, thus, allowed.

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

9. 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.) (Apurba Sinha Ray, J.)