Gopal Dey v. State Of West Bengal

18.08.2025 Ct.No.34 b.das Allowed C.R.M. (M) 1044 of 2025 In Re : An application for bail under Section 483 of the BNSS, 2023 filed in connection with Basirhat P.S. Case No. 847 of 2022 dated 19.12.2022 under Sections 302/120B/34 of the Indian Penal Code.

And In Re : Gopal Dey ... Petitioner.

Mr. Kallol Kr. Basu Md. Jannat Ul Firdous Mr. Raj Sekhar Hota ...for the petitioner.

Ms. Faria Hossain Mr. Sujan Chatterjee ...for the State.

Heard learned counsels for the parties.

The petitioner is in custody for more than 2 years and prays for bail.

Learned counsel for the State opposes the prayer. I have perused the material on record. The petitioner is in custody for more than 2 years. 24 out of 37 witnesses have been examined so far. Examination of the 25th witness is in progress. There is remote possibility of trial being concluded in near future.

Co accused similarly circumstanced with the petitioner are on bail. In view of the above, this Court is of the view 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 Gopal Dey 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, Basirhat, North 24 Parganas subject to condition that he shall not enter the district of North 24 Parganas except for the purpose of appearing before the learned trial Court on every date of hearing and shall furnish the address where he shall henceforth reside before the learned trial Court, investigating officer and the Officer in charge of the concerned P.S under whose jurisdiction he shall presently reside. The petitioner shall appear before the learned trial Court on every date of hearing fixed by the learned trial Court and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event the petitioner fails to adhere to any of the conditions as stated above 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. 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.)