Rabindranath Banerjee And ORS. v. State Of West Bengal
July 16, 2025 21 ARDR (Allowed) CRM (M) 544 of 2025 In Re : An Application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, filed in connection with Mongalkote Police Station Case No. 28 of 2024 dated 6/2/2024 under Sections 384/420/328/34 of the IPC.
And In Re :
Rabindranath Banerjee & ors.
... Petitioners.
Adv. Soumik Ganguly, Adv. Depabratim Guha, Adv. Diptendu Banerjee, Adv. Pinky Sarkar, Adv. Anchita Sarkar ... for the petitioners.
Adv. Debasish Roy, Ld. PP, Adv. Kunal Ganguly, ... for the State.
The petitioners are in custody for about 87 days and pray for bail.
Learned counsel for the State opposes the prayer. The allegation against the petitioners is that they extorted an amount of Rs.4 lakhs each, total amount being Rs.12 lakhs from the defacto complainant and obtained his signatures on some documents by practising fraud.
Learned counsel for the State submits, on instructions, that the defacto complainant has expired in the meantime leaving behind no heir. Charge sheet has been submitted. Further detention of the petitioners is not required for the purpose of custodial interrogation. Accordingly, the prayer for bail is allowed.
The petitioners namely Rabindranath Banerjee, Buddharaj Banerjee and Amitabha Banerjee 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 Additional Chief Judicial Magistrate, Katwa, Purba Bardhaman, subject to the condition that they 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 petitioners fail to appear before the learned trial Court on any date without any justifiable cause, the learned trial Court shall be at liberty to cancel their 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.)