Bapan Halder v. State Of West Bengal And ANR

May 05, 2025 17 ARDR Allowed CRM (M) 254 of 2025 In Re : An Application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, filed in connection with Electronics Complex Police Station Case No. 02 of 2025 dated 01/01/2025 under Section 103(1) of the BNS.

And In Re :

Bapan Halder ... Petitioner.

Adv. Arunangshu Chakraborty, Adv. Arijit Kumar Bera, Adv. Zeba Rashid, Adv. Shaila Amin, ... for the petitioner.

Adv. Sukhamoy Bhattacharya, Adv. Ayana De, ... for the State.

None appears for the defato complainant despite service. The petitioner is the secretary of the club whose members assaulted the victim in the club, resulting in his death. He is in custody for about four months. He was not present at the place of occurrence and arrived soon after the incident. Learned counsel for the State opposes the prayer. Considering the material on record, particularly the extent of complicity of the petitioner in the alleged offence, this Court is of the view 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, namely Bapan Halder be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten Thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Barasat, subject to the condition that he shall appear before the learned trial

Court on every date of hearing. He shall not tamper with evidence or intimidate witnesses in any manner whatsoever. In the event the petitioner fails to comply with any of the conditions stated above without any 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 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.)