Biswajit Biswas v. State Of West Bengal

July 23, 2025 72 ARDR (Allowed) CRM (M) 950 of 2025 In Re : An Application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Santipur Police Station Case No. 1049 of 2024 dated 7/8/2024 under Sections 310(2)/317(3)/61(2) of the BNS, 2023 and Sections 25/27 of the Arms Act.

And In Re :

Biswajit Biswas ... Petitioner.

Adv. Shibaji Kumar Das, ... for the petitioner.

Adv. Antarikhya Basu, Adv. Dipankar Mahata, ... for the State.

The petitioner is in custody for 321 days and prays for bail. Learned counsel for the petitioner submits that he is similarly circumstanced with the co-accused Soyel @ Soyel Khan who has been granted by this Court earlier.

Learned counsel for the State opposes the prayer and submits that several incriminating material has been recovered from the possession of the petitioner. The material has been identified in Test Identification Parade.

I have considered the material on record.

The petitioner's name has transpired from the statement of the co-accused. Recovery has been made both from the petitioner and the co-accused. 5 out of 43 witnesses have been examined. Possibility of completion of trial in near future is bleak. In view of the above, this Court is inclined to hold that further detention of the petitioner is not required and he may be released on bail.

Accordingly, the prayer for bail is allowed.

The petitioner namely Biswajit Biswas 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, Ranaghat, Nadia 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.

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.)