Calcutta High CourtCRM(M)/1774/2025allowed

Bijay Sha v. State Of West Bengal

2025-11-21Hon'Ble Justice Tirthankar Ghosh2 pages

21.11.2025 Court No.35.

D/L. 64.

Kausik (Allowed) CRM (M) 1774 of 2025 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure/Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Sheoraphuli G.R. P.S. Case No. 6/20 dated 10.02.2020 under section 306 of the Indian Penal Code.

And In the matter of : Bijay Sha ......Petitioner.

Mr. Nilendra Narayan Ray ......for the Petitioner.

Mr. Aniket Mitra Mr. Sourath Nandy ......for the State.

Learned advocate appearing for the petitioner submits that the petitioner has been implicated in connection with the case under section 306 of the Indian Penal Code and is in custody since his arrest.

Learned advocate for the State submits that the petitioner was arrested on 10.12.2021 and the case has been delayed for the initial abscondence of the present petitioner. However, learned advocate acknowledges the fact that only 2 witnesses have been examined till date out of 26 witnesses proposed to be examined.

Having regard to the period of detention of the present petitioner which is 3 years and 11 months, I am of the view that further detention of the petitioner is uncalled for.

As such the prayer for bail is allowed.

Petitioner, namely Bijay Sha, shall furnish bond of Rs. 20,000/- (Rupees Twenty Thousand Only) with two sureties of Rs. 10,000/- (Rupees Ten Thousand Only) each. One of whom must be local to the satisfaction of learned ACJM, Serampore. If on bail the petitioner shall make himself available on each and every date before the learned Trial Court. Petitioner shall not leave the Sub-Division or the jurisdiction of ACJM, Serampore without prior permission of the learned Trial Court. Accordingly, CRM (M) 1774 of 2025 is allowed. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)