Jenarul Sk v. State Of West Bengal
13.05.2025 jb.
jdt.
CRAN 4 of 2025 in C.R.M. (DB) 4425 of 2022 In Re : An Application for relaxation of condition of bail under Section 439(1)(b) of Criminal Procedure Code/483(1)(b) BNSS And In Re : Jenarul Sk. .... Petitioner Mr. Milon Mukherjee Usof Ali Dewan Asif Dewan ... For the Petitioner.
Mr. Rudradipta Nandy ... For the State.
Mr. Dhiraj Trivedi Mr. Amajit De ... For the CBI The petitioner was granted interim bail by this Court on 19th April, 2023 subject to condition that he shall appear before the trial Court on every date of hearing, shall not intimidate witnesses or tamper with evidence in any manner whatsoever, shall not enter the district of Murshidabad except for the purpose of attending court proceedings, shall provide the address where he shall presently reside to the investigating agency as well as to the court below and shall meet the investigating officer at Bhawani Bhawan, Kolkata once in a week until further orders. The interim bail was confirmed by this Court on 5th March, 2024. The petitioner sought modification of the condition of bail restricting him from entering the district of Murshidabad except for the purpose of attending the Court proceedings. By an order passed on 11th July, 2024 this Court relaxed the said condition and permitted the petitioner to enter Murshidabad twice every month each time for a duration not exceeding 48 hours. The petitioner was directed to intimate the
Inspector of Police, Murshidabad, DD, CID, West Bengal posted at Berhampore at the time of entering as well as leaving the district. Learned counsel for the petitioner seeks relaxation of bail condition to the extent that he may be allowed to remain in the district of Murshidabad where his home is situated. Opposing the prayer learned counsel for the State submits that the petitioner is an influential person who may influence/intimidate witnesses if allowed to stay in Murshidabad. I have considered the rival submissions of the parties and the material on record. There has been no progress in trial of the case after earlier relaxation of bail condition of the petitioner on 11th July, 2024. No adverse report is also found on record. Considering the fact that the petitioner has complied with the conditions imposed upon him by this Court, the condition of bail that the petitioner may be allowed to enter Murshidabad twice every month each time for a duration not exceeding 48 hours is waived.
The petitioner is allowed to remain in the district of Murshidabad subject to condition that he shall not tamper with evidence or intimidate witnesses in any manner whatsoever. The other conditions of bail shall continue.
The application being CRAN 4 of 2025 is disposed of. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.
(Suvra Ghosh, J.)