Awal Sk v. State Of West Bengal
19.08.2025 jb.
jdt.
Allowed C.R.M. (M) 1065 of 2025 In Re : An Application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Raninagar Police Station Case No. 246 of 2025 dated 26.04.2025 179/180 of the Bharatiya Nyaya Sanhita.
And In Re : Awal Sk.
... Petitioner.
Mr. Ranadeb Sengupta Mr. Sachit Talukdar ... For the Petitioner.
Ms. Sayanti Santra Ms. Ankita Paul ... For the State Report submitted by the State is taken on record. The petitioner is in custody for 114 days and prays for bail. Charge sheet has been submitted.
Learned counsel for the State opposes the prayer. I have considered the material on record.
Learned counsel for the petitioner has drawn the attention of the Court to certain discrepancies which are elementary. The information appears to have been received at 9.45 hours on 26th April, 2025 and diarised as G.D. entry no. 1488. However, the seizure list indicates that though the seizure was made between 10.45 and 12.15 hours, it was diarised vide G.D. entry no. 1476. The State has not been able to assign any explanation in this regard. Also, the statement of the seizure list witnesses has not been recorded in course of investigation and only one of the witnesses has been incorporated in the charge-sheet as a prosecution witness. There are interpolations in the number of
fake currency notes allegedly seized which bear no initial of the seizing officer.
Search and seizure are complete. Charge-sheet has been submitted.
In view of the same as well as above the discrepancies in the case diary, this Court is inclined to hold that further detention of the petitioner is not required. He may be granted bail subject to stringent conditions.
Accordingly, the prayer for bail is allowed.
The petitioner namely Awal Sk. shall 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, Lalbagh, Murshidabad subject to condition that he shall remain within the jurisdiction of Lalbagh Court and shall appear before the learned trial Court on every date of hearing fixed by the learned trial Court. He shall not tamper with evidence or intimidate witnesses in any manner whatsoever. In the event the petitioner fails to adhere to any of the conditions stated hereinabove, 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.)