Biswajit Samanta @ Rahul v. The State Of West Bengal

05.03.2025 Item No.14 Court No.26 S.D.

(Bail granted) CRM (DB) 4145 of 2024 In re: An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) in connection with Dankuni Police Station Case No. 231 of 2022 dated 19.06.2022 under Sections 364A/34 of Indian Penal Code wherein Charge Sheet has been submitted under Sections 364A/323/506/120B/34 of the Indian Penal Code.

In the matter of: Biswajit Samanta @ Rahul ... ... Petitioner Mr. NavaNil De Ms. Monami Mukherjee ... ... For the Petitioner Mr. Sandip Chakraborty Mr. S.K. Dasgupta ...For the State Report as called for by the order dated February 18, 2025 filed in Court be taken on record.

Charges are yet to be framed. Justification for nonframing of charges is that one accused is absconding. Petitioner is in custody in excess of 2 years and 8 months.

Possibility of the trial concluding any time soon in the near future does not exist.

Purely on the principles of Article 21 of the Constitution of India, 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 Additional Chief Judicial Magistrate, Serampore, Hooghly subject to the 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) 4145 of 2024 is disposed of.

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