Dasharath Paul @ Niranjan Paul v. State Of West Bengal
15.05.2025 Ct.No.34 b.das Allowed C.R.M. (DB) 910 of 2025 In Re : An application for bail under Section 483 of the BNSS, 2023 filed in connection with Salanpur P.S. Case No. 93 of 2022 dated 08.04.2022 under Sections 302/120B of IPC. And In Re : Dasharath Paul @ Niranjan Paul ... Petitioner. Mr. Ayan Bhattacharjee Mr. Kunal Ganguly ...for the petitioner.
Mr. Binoy Kr. Panda Ms. Sudeshna Das ...for the State.
Status report submitted by the State is taken on record.
Heard learned counsels for the parties.
The earlier order passed by this Court on 5th May, 2025 records anomalies in the injury report of the petitioner, his treatment and admission to the hospital.
The petitioner is in custody for more than 3 years. Learned counsel for the State opposes the prayer. 5 out of 19 witnesses have been examined so far. Though the learned counsel for the State submits that the offending weapon has been recovered at the instance of the petitioner, the weapon was sent for forensic examination on 26th April, 2022 but unfortunately, the report is yet to be received.
Upon consideration of the statement of witnesses made before the learned trial Court, quality of evidence as well as extent of complicity of the petitioner in the alleged
offence, as transpires from the said evidence, this Court is inclined to hold that further detention of the petitioner is not required and he may be granted bail subject to stringent conditions.
Accordingly, the prayer for bail is allowed.
The petitioner Dasharath Paul @ Niranjan Paul be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten Thousand only) each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Paschim Bardhaman at Asansol subject to condition that he shall remain outside the jurisdiction of Salanpur P.S. and shall furnish the address where he shall henceforth reside before the learned trial Court, investigating officer and the Officer in charge of the concerned P.S under whose jurisdiction he shall presently reside. The petitioner shall appear before the learned trial Court on every date of hearing fixed by the learned trial Court and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.
In the event the petitioner fails to comply with any of the conditions as stated above without justifiable cause, the learned trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court. The application for bail is thus disposed of. All parties shall act on the server copy of this order duly downloaded from the official website of this Court.
Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.
(Suvra Ghosh, J.)