Swapan Samanta And ANR. v. State Of West Bengal

07.11.2025 Court No.35.

D/L. 10.

Kausik (Allowed) CRM (M) 2204 of 2025 In Re: An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Ghatal Police Station Case No. 112 of 2025 dated April 05, 2025 under Sections 126(2)/115(2)/117(2)/109(1)/3(5) of the Bharatiya Nyay Sanhita, 2023.

And In the matter of : Swapan Samanta & Anr.

......Petitioners.

Mr. Kallol Mondal, Sr. Adv.

Mr. Kishan Ray Mr. Sreyash Kumar Singh Ms. Moupia Chakraborty ......for the Petitioners.

Mr. Bitashok Banerjee Ms. Suruchi Saha ......for the State.

Learned advocate appearing for the petitioners submits that the petitioners are in custody for 137 days and charge sheet has already been submitted in connection with the instant case.

Records of the case reflects that out of 5 accused persons one of the accused has been granted bail and 2 accused persons are still absconding.

Learned advocate submits that on any stringent condition the petitioners may be granted bail. Learned advocate for the State opposes the prayer for bail and draws the attention of the Court to the statement of

the injured as well as the medical documents which are available in the case diary.

I have considered the materials appearing in the case diary and found that there are materials against the present petitioners but the petitioners are similarly situated as the other accused person who has been granted bail. Having considered the period of detention of the present petitioners, I am inclined to release both the petitioners on bail. As such the prayer for bail of the petitioners are allowed.

Petitioners shall furnish bond of Rs. 20,000/- (Twenty Thousand Only) with two sureties of Rs. 10,000/- (Rupees Ten Thousand) each. One of whom must be local to the satisfaction of the learned ACJM, Ghatal.

If on bail the petitioner shall be physically present on each and every date fixed by the learned Trial Court and shall not leave the jurisdiction of the District of Paschim Medinipur without the prior permission of the ACJM, Ghatal or the learned Trial Court. If there are any violation of conditions of bail the learned Trial Court in seisin of the present case would be at liberty to cancel the bail without further reference to this Court.

Accordingly, CRM (M) 2204 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.)