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Calcutta High CourtCRM(M)/1980/2025allowed

Bijoy Naskar v. State Of West Bengal

2025-10-27Hon'Ble Justice Chaitali Chatterjee (Das)2 pages

3.

27-10-2025 (ct. no.446) debajyoti (allowed) CRM (M) 1980 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 Sarsuna Police Station Case No.141 of 2025 dated 14-08-2025 under Sections 316(2)/318(4) of the Bharatiya Nyaya Sanhita, 2023.

- A n d - In the matter of : Bijoy Naskar .... Petitioner.

Mr. Pawan Kumar Gupta, Mr. Asit Kumar Hazra, Mr. Arpan Mukherjee, Mr. Animesh Samanta ... For the Petitioner.

Mr. Arijit Ganguly, Ms. Debjani Sahu ... For the State.

1. Heard the submissions of learned advocates for both the parties.

2. On a careful perusal of the materials on record and the complaint lodged in this case against the present petitioner, it appears that inferior quality of materials have been supplied in violation of the terms of the contract, thereby deceived and cheated the person concerned resulting in criminal breach of trust.

3. Learned advocate for the State opposes the prayer for bail.

4. Be that as it may, on a careful consideration of the facts and circumstances of the case, this Court is of the view that the petitioner is in custody for 46 days and the investigation is still going on. In view of the nature of the

offence alleged against this petitioner, this Court is of the view that further custodial interrogation of the petitioner may not be necessary so long as he cooperates with the investigation. Therefore, the petitioner is favoured with an order of bail.

5. Accordingly, the petitioner, namely, Bijoy Naskar, shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand), with two sureties of like amount each, one of whom must be local, to the satisfaction of learned Additional Chief Judicial Magistrate, Alipore. 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. The petitioner shall appear before the Officer-in-Charge/Inspector-in-Charge of local police station once in a week till submission of Charge Sheet and shall not leave the jurisdiction of the concerned police station, until further orders.

6. 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.

7 The application for bail is, thus, allowed.

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

9. 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.]