Roky Hazra @ Roki Hazra v. State Of West Bengal

August 18, 2025 44 ARDR (Allowed) CRM (M) 1082 of 2025 In Re : An Application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, filed in connection with Palashipara Police Station Case No. 182 of 2025 dated 23/4/2025 under Section 70(1) of the BNS, 2023. And In Re :

Roky Hazra @ Roki Hazra ... Petitioner.

Adv. Joydip Biswas, Adv. Asraf Mandal, Adv. Kaushik Ghosh, ... for the petitioner.

Adv. Shalini Bairagi, Adv. Priyanka Ganguly, ...for the defacto complainant.

Adv. Shaila Afreen, Adv. Sonali Bhar, ... for the State.

The petitioner is in custody for more than three months and prays for bail.

Learned counsel for the petitioner submits that the petitioner has not been named by the victim and has no nexus with the alleged offence.

Learned counsels for the State and the victim oppose the prayer.

I have considered the material on record.

It appears that the victim was taken to a isolated place by the principal accused who allegedly ravished her. The victim appears to be in a consensual relationship with the principal accused. However, the victim was not able to identify the petitioner though she has stated in her statement recorded under Section 164 of the Code of Criminal Procedure that two other persons had accompanied the principal accused to the place of occurrence. The

petitioner was not placed in T.I. Parade. Charge sheet has been submitted.

Considering the material on record as well as the extent of complicity of the petitioner in the alleged offence, prayer for bail is allowed.

The petitioner namely Roky Hazra @ Roki Hazra 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, Tehatta, Nadia subject to the condition that he shall appear before the learned trial Court on every date of hearing. 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 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.)