Rupam Samaddar v. The State Of West Bengal

13.02.2025 Item No.29 Court No.26 Allowed CHC CRM (DB) 3667 of 2024 In re : An Application for Bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 corresponding to the Section 439 of the Code of Criminal Procedure, 1973; in connection with Haridevpur Police Station Case No. 478/2019 dated 06.11.2019 under Sections 34/394/307 of the Indian Penal Code, 1860 and subsequently Charge sheet has been submitted under Sections 34/394/307/412 of Indian Penal Code, 1860. -AndIn the matter of : Rupam Samaddar ... ... Petitioner Mr. Jayanta Narayan Chatterjee, Senior Advocate Mr. Dwaipayan Biswas, Advocate Ms. Jayashree Patra, Advocate ... ... For the Petitioner Mr. Ranabir Roy Chowdhury, Advocate Mrs. Rita Datta, Advocate ... ...For the State

1. Petitioner prays for bail.

2. Learned advocate appearing for the petitioner submits that, petitioner is in custody in excess of five years three months.

3. Prosecution apparently desires to examine 46 witnesses. Out of 46 witnesses, only four were examined.

4. Considering the period of detention of the petitioner and the possibility of the trial not ending any time soon, and considering the gravity of the offence and involvement of the petitioner therein, we are inclined to grant bail to the petitioner.

Signed By :

CHINMOY CHAKRABORTY High Court of Calcutta 13 th of February 2025 06:17:05 PM

5. Accordingly, we direct that the petitioner shall be released on bail upon furnishing a bond of Rs. 10,000/- (Rupees Ten Thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the Learned Chief Judicial Magistrate, Alipore, subject to condition that the petitioner shall appear before the learned trial court on every date of hearing until further orders and shall not intimidate witnesses and/or tamper with evidence in any manner whatsoever and on further condition that petitioner will not enter the jurisdiction of the Haridevpur Police Station save and except, attending the court proceedings.

6. In the event, the petitioner fails to comply with the conditions as enshrined hereinbefore, it is open to the trial court to cancel the bail without further reference to this Court.

7. The prayer for bail of the petitioner is allowed.

8. CRM(DB) 3667 of 2024 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.) Signed By :

CHINMOY CHAKRABORTY High Court of Calcutta 13 th of February 2025 06:17:05 PM