Ashish Kumar Yadav@Ashish Kumar v. The State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI 22.01.2025. C.R.M. (DB) 18 of 2025 4/tkm In Re:- An application for bail under Section 483 of BNSS 2023 in connection with Jalpaiguir Kotwali P.S case no. 496 of dated 25.7.2024 under sections 310(4)/310(5)/121(1)/132/109 of BNS 2023 read with sections 25(1)(a)/27(1) of the Arms Act and Allowed In the matter of : Ashish Kumar Yadav @ Ashish Kumar ..... Petitioner Mr. Sandeep Dutta Ms. D Choudhary ...for the Petitioner Mr. Niloy Chakraborty, Ld APP Mr. Dhiman Sil ...for the State

1. Petitioner is in custody for 160 days. He submits there is no direct evidence that he is involved in the crime. He renews his bail prayer.

2. Learned lawyer for the State submits petitioner and others had dashed a police vehicle. When they were chased, they fired at police personnel and escaped.

3. We have considered the materials on record. None of the police personnel had identified the petitioner as miscreant who had fired at them. His complicity is based on statement of garage owner who stated in the evening petitioner and others had handed over a damaged vehicle which had dashed the police jeep. Though bail prayer of the petitioner was rejected in November 2024, there is no progress in the matter since then.

4. In light of the aforesaid circumstances, we are inclined to grant bail to the petitioner, however, subject to conditions.

5. Accordingly, the petitioner 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 CJM Jalpaiguri on condition that the petitioner shall appear before the trial court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever and on further condition that the petitioner while on bail shall remain within the district of Jalpaiguri and report to the Officer-in-Charge of Jalpaiguri Kotwali P.S once in a week until further orders.

6. In the event he fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court.

7. The application being CRM (DB) 18 of 2025 is disposed of.

(Gaurang Kanth, J.) (Joymalya Bagchi, J.)