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Calcutta High CourtCRM(M)/313/2025allowed

Jahangir Sk v. State Of West Bengal And ANR

2025-05-14Hon'Ble Justice Suvra Ghosh2 pages

May 14, 2025 57 ARDR (Allowed) CRM (M) 313 of 2025 In Re : An Application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Lalgola Police Station Case No. 1159 of 2024 dated 30/11/2024 under Sections 64(1)/127(2)/351(2)/3(5) of the BNS. And In Re :

Jahangir Sk ... Petitioner.

Adv. Ali Ahsan Alamgir, Adv. Soma Mal, Adv. Rabia Khatoon, Adv. Jame Modak, Adv. Syed ul Jaman, ... for the petitioner.

Adv. Rana Mukherjee, Adv. Tirthankar Dhali, ... for the State.

Affidavit of service filed on behalf of the petitioner is taken on record.

The victim is not represented despite service. The petitioner is in custody for 62 days. Charge sheet has been submitted. The petitioner prays for bail. It appears that the victim/defacto complainant filed an application under Section 175(3) of the BNSS before the learned Additional Chief Judicial Magistrate, Lalbagh, Murshidabad on 8th October, 2024 and has lodged the present complaint on 30th November, 2024 on the self same allegations. Charge sheet has been submitted. No external injury has been detected on the person of the victim upon examination.

Considering the material on record as well as 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 released on bail.

Accordingly, prayer for bail is allowed.

The petitioner namely Jahangir Sk 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 Additional Chief Judicial Magistrate, Lalbagh, Murshidabad, subject to the condition that he shall appear before the learned trial Court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event the petitioner fails to appear before the learned trial Court on any date 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.)