Calcutta High CourtCRM(M)/1299/2025allowed

Rakesh Kayal v. State Of West Bengal

2025-09-12Hon'Ble Justice Suvra Ghosh2 pages

12.09.2025 Ct.No.34 b.das Allowed C.R.M. (M) 1299 of 2025 In Re : An application for bail under Section 483 of the BNSS, 2023 filed in connection with Sonarpur P.S. Case No. 500 of dated 02.04.2025 under Sections 126(2)/118(2)/109/351(2)/3(5) of the BNS and adding Section 103 of the BNS, 2023.

And In Re : Rakesh Kayal ... Petitioner.

Mr. Ayan Basu Mr. Sandip Kr. Mondal Mr. Sumit Routh ... for the Petitioner.

Ms. Baisali Basu Ms. Suveni Banerjee ...for the State.

Heard learned counsels for the parties.

The petitioner is in custody for more than 100 days and prays for bail.

Learned counsel for the State opposes the prayer. I have considered the material on record. The eye witnesses have not implicated the petitioner and have in fact stated that the petitioner tried to resist the assault on the victim by the principal accused. Charge sheet has been submitted.

Considering the material on record and extent of complicity of the petitioner in the alleged offence, 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 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, Baruipur, South 24 Parganas 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.)