Rup Chand Mir v. The State Of West Bengal

17.02.2025 Item No.58 Court No.26 Allowed CHC CRM (DB) 3971 of 2024 In re : An Application for Bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita 2023 (Corresponding to Section 439 of the Code of Criminal Procedure) in connection with Baruipur Police Station Case No. 1766/2022 dated 16.11.2022 under Sections 302/201/120B of the Indian Penal Code. -AndIn the matter of : Rup Chand Mir ... ... Petitioner Mr. Angshuman Chakraborty, Advocate Mr. S. S. Saha, Advocate ... ... For the Petitioner Ms. Sreyashee Biswas, Advocate Ms. Eshita Dutta, Advocate ... ...For the State Mr. Omar Faruk Gazi, Advocate Mr. Akashdeep Mukherjee, Advocate ... .... For the de facto complainant

1. Petitioner is in custody for seven months.

2. Petitioner prays for bail on the ground of parity with the other co-accused who was enlarged on bail by the coordinate Bench on March 24, 2023 passed in C.R.M.(DB) 1083 of 2023.

3. Learned advocate appearing for the State submits that, petitioner cannot claim parity with the other co-accused since the petitioner was absconding for a considerable period of time.

4. Coordinate Bench while granting bail to the co-accused noted that there were two persons who claimed to be eyewitnesses, none of whom named the co-accused as involved in the incident of murder. Similar is the situation so far as the petitioner is concerned.

Signed By :

CHINMOY CHAKRABORTY High Court of Calcutta 18 th of February 2025 05:42:31 PM

5. In such circumstances, we are inclined to grant bail to the petitioner.

6. Accordingly, the petitioner Rup Chand Mir shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Alipore, South 24 Parganas subject to condition that he shall appear before the trial court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever and on further condition that the petitioner while on bail shall not enter the jurisdiction of Baruipur Police Station and shall provide the address where he shall reside to the Investigating Officer as well as the court below and report to the Officer-in-Charge of the Police Station concerned within whose jurisdiction he shall reside once in a week until further orders.

7. 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.

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

9. CRM(DB) 3971 of 2024 is disposed of.

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

CHINMOY CHAKRABORTY High Court of Calcutta 18 th of February 2025 05:42:31 PM