Shyamal Das v. State Of West Bengal And ANR

03.07.2025 SL No.36 Sg C.R.M. (M) 756 of 2025 In Re: - An application for bail under Section 483 of the B.N.S.S., 2023, in connection with Balurghat P.S. Case No. 07 of 2025 dated 10.02.2025 under Sections 329(4)/351(2)/ 64/79 of the BNSS, 2023 And In the matter of: Shyamal Das ....Petitioner Mr. Anajan Bhattacharya Ms. Anita Shaw ...for the petitioner Mr. Bidyut Kumar Ray Mr. Aritra Bhattachariya ...for the State 1.

Present application has been moved for bail. Learned Counsel for the petitioner submits that there is a delay of about 38 days in registration of FIR. Learned Counsel further submits that there are no other criminal antecedents. The petitioner is in custody since 10th March, 2025. The charge-sheet has already been filed. The trial may take long time. Therefore, the petitioner may be admitted to bail.

2.

Learned Counsel for the State has opposed the bail application on the ground that the victim was being threatened by the wife and son of the petitioner who are the co-accused. Learned Counsel for the State further submits that victim is a poor lady and being an employee of the petitioner was under pressure.

3.

The Court has considered the submissions. The fact that petitioner was under some pressure is a matter of trial which can be ascertained only after the trial. However, there is nothing on the record to suggest that petitioner was denied access to the police or she was being confined by the petitioner. 4.

Thus, the Court prima facie feels that the petitioner may be admitted bail on furnishing personal bond of Rs.10,000/- with two sureties of like amount, one of whom must be local, to the satisfaction of learned Chief Judicial Magistrate, Balurghat, Dakshin Dinajpur. The bail condition shall be subject to the following conditions:- i) The petitioner shall not threaten, intimidate or make any contact whatsoever with the victim or the members of her family;

5.

The application for bail is, thus, allowed.

6.

All parties shall act on the basis of the server copy of this order.

(Dinesh Kumar Sharma, J.)