Calcutta High CourtCRM(M)/1560/2025allowed

Md Chand v. State Of West Bengal

2025-09-24Hon'Ble Justice Suvra Ghosh2 pages

24.09.2025 jb.

jdt.

Allowed C.R.M. (M) 1560 of 2025 In Re : An Application under Section 439 of the Code of Criminal Procedure/under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Santipur Police Station Case No. 1049 of 2024 dated 7th August, 2024 under Sections 309(4)/310(2)/317(3)/61(2) of the Bharatiya Nyaya Sanhita read with Sections 25/27 of the Arms Act.

And In Re : Md. Chand Mr. Shibaji Kr. Das ... For the Petitioner.

Mr. Antarikhya Basu Mr. S. Ganguly ... For the State It is a fact that bail prayer of the petitioner was turned down by this Court on 2nd July, 2025. However, the petitioner seeks parity with co-accused Biswajit Biswas who was granted bail by this Court on 23rd July, 2025. I have considered the material on record. The petitioner is in custody for about 380 days. The other coaccused have been granted bail earlier. The petitioner appears to be similarly circumstanced with co-accused Biswajit Biswas who was granted bail by this Court on 23rd July, 2025.

In view of such change in circumstances of the case, this Court is inclined to release the petitioner on bail. Accordingly, the prayer for bail is allowed.

The petitioner namely Md. Chand shall 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, Ranaghat Nadia subject to condition that he shall appear before the learned trial Court on every date of hearing fixed by the learned trial Court and shall not tamper with evidence or intimidate witnesses in any manner whatsoever.

In the event the petitioner fails to appear before the learned trial Court on any date fixed for hearing without any 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.)