Calcutta High CourtCRM(M)/1992/2025allowed

Biswajit @ Bishwajit Biswas v. State Of West Bengal And ANR

2025-10-16Hon'Ble Justice Chaitali Chatterjee (Das)2 pages

16.10.2025 Court No.16 Item No.133 (Allowed)

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION CRM (M) 1992 of 2025 Ab In Re:- An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Chakdah Police Station Case No. 651 of 2025 dated 20.06.2025 under Sections 137(2)/140(9) of the Bharatiya Nyaya Sanhita, 2023 and under Section 4(2) of the Protection of Children from Sexual Offences Act, 2012;

And In the matter of : Biswajit @ Bishwajit Biswas.

...Petitioner.

Mr. Shibaji Kumar Das, Ms. Parbati Mondal.

...For the Petitioner.

Mr. Bitashok Banerjee, Mr. Atanu Ghosh.

...For the State.

1. Affidavit of service is filed before this Court, which, prima facie, shows that the item was delivered on 6th October 2025. However, none appears on behalf of the victim girl..

2. It is stated on behalf of the petitioner that there exists a love relation between the parties and the petitioner has been falsely implicated, who is languishing in custody for 109 days.

3. Learned Advocate for the prosecution on the other hand raises objection. However, the statement given by the victim girl under Section 183 of the Bharatiya Nyaya Sanhita, 2023.

4. Heard both the learned Advocate and on careful perusal of the materials on record, the nature of allegation leveled, which, prima facie, shows the existence of a love relationship between the parties which is found from the statement made by the victim girl and further considering the period of detention already covered and more so the charge-sheet in this case has been submitted, this Court is of the view that no further detention of the petitioner is

necessary.

5. Accordingly, the petitioner, namely, Biswajit @ Bishwajit Biswas, be released on bail upon furnishing a bond of Rs. 10,000/- (Rupees ten thousand), with two sureties of like amount to the satisfaction of the learned Additional Chief Judicial Magistrate, Kalyani, with the condition that the present accused petitioner shall appear before the learned Trial Court on each and every date of substantive hearing and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever.

6. Let the case diary be returned.

7. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Chaitali Chatterjee (Das), J.)