Calcutta High CourtCRM(M)/1150/2025allowed

Xxxxx v. State Of West Bengal And ANR.

2025-09-09Hon'Ble Justice Suvra Ghosh2 pages

09.09.2025 Ct.No.34 b.das Allowed C.R.M. (M) 1150 of 2025 In Re : An application for bail under Section 483 of the BNSS, 2023 filed in connection with Patiram PS Case No. 120 of dated 14.05.2025 under Sections 62(2)(M)/115(2)/109(1) of the BNS, 2023.

And In Re : XXXX ... Petitioner.

Mr. Kaushik Choudhury Mr. S. Hazra ... for the Petitioner.

Ms. Sukanya Bhattacharya Mr. S. B. Roy Chowdhury ...for the State.

Supplementary affidavit filed by the petitioner is taken on record.

Heard learned counsels for the parties.

Learned counsel for the State opposes the prayer. It appears that the petitioner and the victim belong to the same family. The petitioner lodged a complaint against the victim, her husband and her son on 29th April, 2025. The present complaint was lodged on 14th May, 2025. The victim lady was medically examined on 13th May, 2025, that is, prior to the complaint being lodged.

There appears to be a strained relation between the parties.

Considering the material on record and extent of complicity of the petitioner in the alleged offence, 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 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 Chief Judicial Magistrate, Dakshin Dinajpur at Balurghat subject to condition that he shall appear before the learned trial Court on every date of hearing fixed by the learned trial Court. He 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 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 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.)