Saheb Haldar @ Biswajit v. The State Of West Bengal

14.02.2025 Item No.53 Court No.26 S.D.

(Bail granted) CRM (DB) 3819 of 2024 In re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Nabadwip Police Station Case No. 407 of 2024 dated 27.06.2024 under Sections 392/395/397/412 of the Indian Penal Code, 1860 and sections 25/27/35 of the Arms Act. -AndIn the matter of : Saheb Haldar @ Biswajit ... ... Petitioner Mr. Ayan Bhattacharya Mr. Atis Kumar Biswas Mr. Amanul Islam Mr. Anit Singh Ms. Jyoti Agarwal Mr. Sourav Mukherjee ... ... For the Petitioner Mr. Arindam Sen Ms. Pritha Paul ... ...For the State Petitioners pray for bail.

Materials in the case diary show that no Test Identification parade was held which identified the petitioner before us, although an allegedly stolen article was recovered from his possession.

Supplementary affidavit filed in Court on behalf of the petitioner be kept on record.

It appears from the supplementary affidavit that the petitioner was entangled in one police case after the other. In one of the police case, petitioner was acquitted.

Possibility of false implication exists.

In such circumstances, we grant bail to the petitioner. 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 Judicial Magistrate, Nabadwip, 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.

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. The prayer for bail of the petitioner is allowed. C.R.M.(DB) 3819 of 2024 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)