Chandan Barman v. State Of West Bengal

September 22, 2025 47 ARDR (Allowed) CRM (M) 1542 of 2025 In Re : An Application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Habibpur Police Station Case No. 327 of 2016 dated 26/8/2016 under Sections 395/397 of the Indian Penal Code.

And In Re :

Chandan Barman ... Petitioner.

Adv. Tapan Dutta Gupta Adv. Parvej Anam, Adv. Rituparna Ghosh, Adv. Sourav Sardar, ... for the petitioner.

Adv. Subhamoy Bhattacharya, Adv. Diksha Ghosh, ... for the State.

Heard learned counsels for the parties.

The petitioner was granted bail by the learned trial Court on 9th April, 2018. He failed to appear before the learned trial Court on 22nd April, 2024 for which warrant of arrest was issued against him on the said date. The petitioner surrendered before the learned trial Court on 20h June, 2025. His bail petition was turned down by the learned trial Court. He is in custody since then. He prays for bail and undertakes not to misuse the conditions of bail henceforth. In view of such undertaking of the petitioner and also since trial has commenced, this Court is inclined to hold that further detention of the petitioner is not required and he may be granted bail subject to stringent conditions.

Accordingly, prayer for bail is allowed.

The petitioner namely Chandan Barman 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, Malda 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.

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.)