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Calcutta High CourtCRM (DB)/2134/2024allowed

Sudipta Das v. The State Of West Bengal

2024-08-21Hon'Ble Justice Tirthankar Ghosh3 pages

20.03.2026 Ct.No.237 Suman

IN THE HIGH COURT AT CALCUTTA

Criminal Miscellaneous Jurisdiction Appellate Side CRM (DB) 2134 of 2024 With CRAN 1 of 2025 In Re:- An application under Section 439 of the Code of Criminal Procedure, 1973, /under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Bizpore Police Station Case No.591 of 2019 dated 08.10.2019 under Sections 302/307/120B/34 of the Indian Penal Code and 25/27 of the Arms Act and Charge sheet being Charge sheet No.60 of 2020 dated 15.02.2020 under Section 341/302/120B/34 of the Indian Penal Code and 25/27 of the Arms Act being G.R. Case No.5790/2019 pending before the Court of learned Additional Sessions Judge-FTC-IV, Barrackpore.

And In the matter of : Sudipta Das .... Petitioner Mr. S. Mukherjee Mr. P. Majumder Mr. S. Purakait ..for the petitioner Mr. Atanu Ghosh ..for the State The petitioner was granted bail by this Court on August 21, 2024, inter alia, subject to the condition that the petitioner shall not enter the jurisdiction of Bizpore Police Station except for the purpose of attending court proceedings.

The present application has been filed seeking relaxation of the said condition.

Learned counsel appearing on behalf of the State submits that the petitioner has violated the conditions imposed by this Court.

This Court, however, finds that the trial is on the verge of conclusion. Upon completion of the evidence, the matter has been fixed for arguments on April 8, 2026. In view of the aforesaid, this Court is of the opinion that there is no longer any likelihood of the petitioner intimidating witnesses or tampering with evidence. Accordingly, the condition imposed upon the petitioner warrants relaxation.

Therefore, the condition that "the petitioner shall not enter the jurisdiction of Bizpore Police Station" stands waived.

Accordingly, CRAN 1 of 2025 is, thus, disposed of. Let an urgent photostat certified copy of this order, if applied for, be supplied to the learned advocates for the parties on the usual undertakings.

(Kausik Chanda, J.)