Bubai Bhattacharjee And ANR. v. State Of West Bengal
03.09.2025 Item No.21 Ct.No.34 rc.
Allowed C.R.M. (M) 907 of 2025 In Re : An Application for bail under Section 439 of the Code of Criminal Procedure read with Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Tarakeswar Police Station Case No. 60 of 2015 dated 08.03.2015.
And In Re :
(1) Bubai Bhattacharjee
(2) Gopal Das ... Petitioners Md. Naimul Islam Mr. Mizanur Rahaman ... for the Petitioners Mr. Ranadeb Sengupta Ms. Rajashree Tah ... for the State Heard learned counsels for the parties.
The petitioners were granted bail in 2015. They failed to appear before the learned trial Court on one occasion in 2024 for which warrant of arrest was issued against them. The first petitioner was brought under arrest on the strength of warrant of arrest and the second petitioner surrendered before the learned trial Court. Both of them were taken in custody on September 27, 2024 and are in custody since then. They undertake not to misuse the liberty of bail henceforth.
Considering the undertaking given by the petitioners as well as period of their custody, this Court is of the view
that their further detention is not required and they may be granted bail subject to stringent conditions. Accordingly, prayer for bail is allowed.
The petitioners (1) Bubai Bhattacharjee and (2) Gopal Das, 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, Chandernagore subject to condition that they shall appear before the learned trial Court on every date of hearing. They 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 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, thus, disposed of. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.
(Suvra Ghosh, J.)