Rahul Sk. v. State Of West Bengal

09.10.2025 SL No.8 Court No.7 S.Gayen/ Rohan

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION APPELLATE SIDE C.R.M.(M) 1901 of 2025 In Re: An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Kandi Police Station Case No. 632 of 2023 dated 21.10.2023 under sections 302/34/120B of the Indian Penal Code, 1860 read with Sections 25/27 of the Arms Act, 1959 pending before the learned Additional District & Sessions Judge, Kandi, Murshidabad.

-AndIn the matter of: Rahul Sk.

...Petitioner

Mr. Rajdeep Mazumder, Sr. Adv.

Mr. Abir Ranjan Neogi Mr. Karna Bapuli ...for the Petitioner Mr. Arijit Ganguly Ms. Debjani Sahu ...for the State

1. All the learned counsel appearing for the parties to this application are present.

2. Heard the learned counsel for the parties.

3. Perused the materials in the case diary.

4. Learned counsel for the petitioner submits that the petitioner is in custody for more than one year and six co-accused persons in the instant case are on bail.

5. Learned counsel appearing on behalf of the State has vehemently opposes the prayer for bail and relies upon the statement made under Section 164 of the Cr.P.C.

6. Upon perusal of the statement made under the Section 164 of the Cr.P.C., it appears that the witness named the present petitioner of shooting but in her statement before the Trial Court, she also named the other accused persons, who are already on bail.

7. As there are 38 witnesses to be examined and there cannot be any likelihood for the trial to be concluded within a short period, in the interest of justice, the petitioner should be granted on bail.

8. Accordingly, the application for bail is, thus, allowed.

9. I direct the petitioner will be released on bail upon furnishing a bond of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties of like amount each, one of whom must be a local, to the satisfaction of the ACJM, Kandi, Murshidabad. The petitioner shall appear before the trial court on each and every day of substantive hearing subject to the provisions of Section 317 of the Code of Criminal Procedure, 1973/Section 355 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever. The petitioner shall not leave the jurisdiction of the Trial Court without prior permission of the Court. The petitioner shall not enter in the locality where the incident took place and the petitioner shall meet the Officer-in-Charge of the police station once in a week, until further orders.

10. In the event, the petitioner fails to comply with any of the conditions as stated above, the learned Trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

11. Thus, the application for bail being C.R.M. (M) 1901 of 2025 stands disposed of.

(Biswaroop Chowdhury, J.)