Biplab Das v. State Of West Bengal

May 19, 2025 27 ARDR (Allowed) CRM (M) 359 of 2025 In Re : An Application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Goghat Police Station Case No. 52 of 2025 dated 06/2/2025 under Sections 64(2)(m)/351(2) of the BNS.

And In Re :

Biplab Das ... Petitioner.

Adv. Debangan Bhattacharjee, Adv. Mainur Islam, Adv. Siddhartha Mukherjee, Adv. Sudipta Mahapatra, ... for the petitioner.

Adv. Tirthankar Dhali ...for the victim.

Adv. Partha Pratim Das, Adv. Debarshi Brahma, ... for the State.

The petitioner is in custody for about 100 days. Learned counsel for the petitioner submits that the petitioner has been falsely implicated. His further detention is not required. He prays for bail.

Learned counsel for the State opposes the prayer. Learned counsel for the defacto complainant does not oppose the prayer for bail.

Considering the material available on record in the case diary, particularly the statement of the defacto complainant recorded under Section 183 of the BNSS suggesting a consensual relationship between the parties and prima facie exonerating the petitioner, this Court is of the view that further detention of the petitioner is not required and he may be granted bail.

Accordingly, the prayer for bail is allowed.

The petitioner namely Biplab Das 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, Arambagh, Hooghly, subject to 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.

Case Diary be returned.

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.)