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Calcutta High CourtCRM (SB)/178/2024allowed

Biswajit Das v. The State Of West Bengal

2025-01-06Hon'Ble Justice Suvra Ghosh2 pages

06.01.2025 Item No.8 Ct.No.34 b.das Allowed C.R.M. (SB) 178 of 2024 In Re : An application for bail under Section 483 of BNSS, 2023 filed in connection with Kalyani Police Station Case No. 944 of 2024 dated 16.11.2024 under Sections 303(2)/317(2)/318(4) of the BNS, 2023 read with Section 26 of the West Bengal File Services Act, 1950 read with Sections 7(I) (a)(ii)(c) of the Essential Commodities Act, 1955. And In Re :

Biswajit Das ... Petitioner.

Mr. Sekhar Barman Ms. Priyanka Bhattacharya ... for the Petitioner.

Mr. Anwar Hossain Ms. Dona Sanyal ... For the State.

Learned counsel for the petitioner submits that the petitioner is in custody for about 51 days. Search and seizure is complete and his further detention is not necessary.

Learned counsel for the State opposes the prayer and submits that huge quantity of kerosene oil was seized from the godown/house of the petitioner and investigation is still in progress.

It appears that investigation of the case has proceeded to a considerable extent and search and seizure are complete.

Signed By :

BASUDEB DAS High Court of Calcutta 6 th of January 2025 05:47:16 PM

Considering the nature of the offence as well as period of detention of the petitioner this Court is of the view that further detention of the petitioner is not required for the purpose of custodial interrogation.

Accordingly, the prayer for bail is allowed.

Accordingly, the petitioner, Biswajit Das be released on bail upon furnishing 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, Kalyani, Nadia subject to condition that he shall meet the investigating officer of the case once a week till submission of charge sheet. He shall not intimidate witnesses or tamper with evidence in any manner whatsoever. He shall not leave the jurisdiction of Kalyani P.S. until further orders.

The application for bail, being CRM (SB) 178 of 2024 is thus disposed of.

Case Diary be returned.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.) Signed By :

BASUDEB DAS High Court of Calcutta 6 th of January 2025 05:47:16 PM