Sk. Meheraj v. The State Of West Bengal

27.02.2025 Item no. 32.

Court No.29.

AB (Allowed) CRM (DB) 662 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 Chanditala Police Station Case No.1003 of 2024 Dated 29.12.2024 under Sections 126(2)/117(2)/109/351(3)/352/3(5) of the B.N.S. 2023 And In the matter of : Sk. Meheraj ......Petitioner.

Mr. Ayan Basu, Mr. Sandip Kr. Mondal, Mr. Sumit Routh ......for the Petitioner.

Mr. Debabrata Choudhury, Md. Eiaz Akhtar ......for the State.

Dictated by Apurba Sinha Ray, J.

1.

Learned Counsel for the petitioner has submitted that the petitioner is in custody for 26 days. Investigation is almost complete. The victim did not suffer grievous injuries. Considering the nature of injuries and the stage of the investigation, the petitioner may be enlarged on bail on any condition. The other accused persons have been granted anticipatory bail by this Court. 2.

Learned Counsel for the State opposes the prayer for bail. According to him, the present petitioner is the principal accused. He has also drawn our attention to the medical report of the injured victim.

3.

We have considered the materials on record including the medical report. It appears that the injuries sustained are not grievous in nature.

4.

In view of the aforesaid, we are inclined to allow the petitioner's prayer for bail.

5.

Accordingly, we direct that the petitioner, namely SK. MEHERAJ 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 Additional Chief Judicial Magistrate, Serampore, Hooghly, and on further conditions that he shall not enter the jurisdiction of Chanditala Police Station except for attending the court proceedings and meeting the I.O. and shall provide the address where he shall presently reside to the Officer in Charge of the Chanditala Police Station and shall meet the Investigating Officer of this case once in a week and as and when called for until further orders.

6.

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.

7.

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.

8.

The application for bail is, accordingly, allowed.

9.

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.)