Calcutta High CourtCRM(M)/971/2025allowed

Bikash Saren And ORS. v. State Of West Bengal And ANR

2025-08-20Hon'Ble Justice Suvra Ghosh2 pages

20.08.2025 Ct.No.34 b.das Allowed C.R.M. (M) 971 of 2025 In Re : An application for bail under Section 483 of the BNSS, 2023 filed in connection with Belpahari P.S. Case No. 67 of 2024 dated 27.09.2024 under Sections 70(1)/351(3)/238(b) of the BNS, 2023.

And In Re : Bikash Saren & Ors.

... Petitioners.

Mr. Amanul Islam Mr. Sourav Mukherjee ... for the Petitioners.

Ms. Amita Gaur Mr. Tirthankar Dhali ... for the State.

Affidavit of service filed by the petitioners is taken on record.

The victim is not represented despite service. Heard learned counsels for the parties.

The petitioners seek parity with the co-accused who have been granted bail earlier.

Opposing the prayer, learned counsel for the State submits that the victim lady has named the petitioners as well as the co accused on bail in her statement recorded under Section 164 of the Code of Criminal Procedure. It appears that the victim lady had a consensual relationship with one of the co accused and voluntarily involved herself in the alleged act.

Considering the fact that the petitioners are similarly circumstanced with the co accused who have been granted bail earlier, the petitioners deserve the same benefit.

Accordingly, prayer for bail is allowed.

The petitioners Bikash Saren, Sarojit @ Surojit Murmu & Marshal Hansda be released on bail upon furnishing bond of Rs.10,000/- each (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, Jhargram subject to condition that they shall appear before the learned trial Court on every date of hearing and shall not tamper the evidence or intimidate witnesses 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. 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.)