Calcutta High CourtCRM(M)/1494/2025allowed

Chand Ali Sekh v. State Of West Bengal

2025-09-17Hon'Ble Justice Suvra Ghosh2 pages

September 17, 2025 84 ARDR (Allowed) CRM (M) 1494 of 2025 In Re : An Application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with STF Police Station Case No. 10 of 2025 dated 25/4/2025 under Section 61(2) of the BNS, 2023 and Sections 25(1B)(a)/25(6)/29/ 35 of the Arms Act.

And In Re :

Chand Ali Sekh ... Petitioner.

Adv. Neil Basu, Adv. Sankha Biswas, Adv. Subhrajit De, ... for the petitioner.

Adv. Rituparna Ghosh, Adv. Dipankar Mahata, ... for the State.

Report submitted by the State is taken on record. Learned counsel for the petitioner submits that the petitioner is in custody for about 129 days. He is not named in the FIR. He has been falsely implicated. He prays for bail. Learned counsel for the State opposes the prayer. I have considered the material on record.

The petitioner's name has transpired from the statement of a co-accused which is not admissible in evidence. Besides the fact that two mobile phones were recovered from his residence, no other incriminating material prima facie appears to have been found against him. Call detail record of the mobile phones have not been sent for forensic examination.

Considering the 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, prayer for bail is allowed.

The petitioner namely Chand Ali Sekh 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 Chief Judicial Magistrate, Calcutta subject to the condition that he shall appear before the learned trial Court on every date of hearing and 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.

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.)