Debashish Pramanik @ Deba v. State Of West Bengal

32.

28-10-2025 (ct. no.446) debajyoti (allowed) CRM (M) 1721 of 2025 In re: An application for bail under Section 439 of the Code of Criminal Procedure/483 of the Bhartiya Nagarik Suraksha Sanhita in connection with Sonarpur Police Station Case No.404 of 2022 dated 18-04-2022 under Section 302 of the Indian Penal Code.

- A n d - In the matter of : Debashish Pramanik @ Deba .... Petitioner.

Mr. Sabir Ahmed, Mr. Tasnim Ahmed, Mr. Dhiman Banerjee, Mr. Ezaz Ahmed, Mr. Abhiskak Hazra ... For the Petitioner.

Mr. Sandep Chakraborty, Ms. Dhanasree Biswas ... For the State.

1. The present petitioner is in custody for more than three years. The trial has not been progressed and only the evidence of PW 2 is going on.

2. Learned advocate appearing for the State raises objection and draws the attention of this Court to the confessional statement given by the accused under Section 161 of the Code of Criminal Procedure.

3. Perused the material in the Case Diary, the facts and circumstances of the case, the nature of allegation leveled against the petitioner which shows sufficient incriminating material against the petitioner. At the same time, this Court cannot be oblivious to the fact that out of 24 charge sheet named witnesses, only two witnesses have been examined and there is hardly any possibility of early conclusion of the trial. At this stage, considering the period of detention

suffered by the petitioner, this Court is of the view that the prayer for bail is allowed with the following stringent conditions.

a) The petitioner, namely, Debashish Pramanik @ Deba, shall be released on bail upon furnishing a bond of Rs.20,000/- (Rupees Twenty Thousand), with two sureties of like amount each, one of whom must be local, to the satisfaction of learned Additional Chief Judicial Magistrate, Baruipur.

b) The petitioner shall appear before the learned trial Court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever and shall not commit any cognizable offence in any manner whatsoever.

c) The petitioner shall appear before the Officer-inCharge/Inspector-in-Charge of the local police station once in a week, until further orders.

d) The petitioner shall not enter the jurisdiction of Sonarpur Police Station except for the purpose of attending the court proceedings and meeting the Officer-in-Charge/Inspectorin-Charge of the local police station. The petitioner, through his learned advocate, inform his current local address where he shall be residing while on bail and his mobile phone number, to the learned trial Court, the local police station and the jurisdictional police station where he shall be residing. Further, the petitioner shall not leave the jurisdiction of Bishnupur Police Station without the permission of the learned trial Court.

4. In the event the petitioner fails to comply with any of the conditions stipulated above, the trial Court shall be at liberty to cancel the bail in accordance with law without further reference to this Court.

5. The application for bail is, thus, allowed.

6. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

7. Criminal Section is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities.

[Chaitali Chatterjee (Das), J.]