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Calcutta High CourtCRM(M)/2109/2025partly allowed

Rajan Kumar @ Rajan Kumar Singh And ORS. v. State Of West Bengal

2025-12-29Hon'Ble Justice Shampa Dutt (Paul)2 pages

29.12.2025 Sb/sss CRM (M) 2109 of 2025 In re: An application for bail under Section 439 of the Code of Criminal Procedure corresponding to section 483 of the BNSS Act, 2023 filed in connection with Sessions Case no. 206 of 2023 arising out of Saktigarh Police Station case no. 86 of 2023 dated 1.4.2023 under Sections 302/307/326/34/120B of the Indian Penal Code, 1860 corresponding to G.R. case no. 1758 of 2023. Ct.6 Partly Allowed And In the matter of : Rajan Kumar @ Rajan Kumar Singh & Ors. ... petitioners Mr. Pawan Kumar Gupta Mr. Ayan Mitra Ms. Sofia Nesar ...for the petitioners Mr. Arijit Ganguly Ms. Puspita Saha ...for the State

1. Upon hearing the learned counsel appearing on behalf of the petitioners and the State and on perusal of the materials on record, it appears that the allegation against the petitioner nos. 1 and 2 is that they are the alleged shooters in respect of the offence in this case.

2. It also appears that the petitioner no. 3 provided the vehicle in the present case which was allegedly used for the offence.

3. Learned counsel for the State submits that admittedly the petitioner no. 3 was not present at the spot and he is in custody for about two years and eight months.

4. Considering the said facts, the prayer for bail of petitioner no. 1, Rajan Kumar @ Rajan Kumar Singh and petitioner no. 2, Paban Kumar @ Bhagat @ Bhakat stands rejected and the petitioner no. 3, Indrajit Giri is granted bail upon furnishing a bond of Rs. 20,000/- with two sureties of like amount each, one

of whom must be local, subject to the satisfaction of learned Chief Judicial Magistrate, Purba Burdwan and on condition that the petitioner no. 3 shall appear before the Trial court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever and on further condition that he shall not leave the jurisdiction of the Trial court and shall provide a local address and mobile number to the Investigating Officer as well the Trial court and shall not leave the said jurisdiction without prior permission of the court in case of emergency.

5. In the event he fails to appear before the Trial court without justifiable cause, the Trial court shall be at liberty to proceed in accordance with law without further reference to this court.

6. The application for bail is accordingly disposed of.

7. Urgent photostat certified copy of this order, if applied for, be given to the parties, upon compliance of all requisite formalities. (Shampa Dutt (Paul), J.)