Nripenra Roy@Nipendra Roy v. The State Of West Bengal

21.01.2025

IN THE HIGH COURT AT CALCUTTA

Sl. No.11 Circuit Bench at Jalpaiguri SG [ALLOWED] C. R. M. (DB) 21 of 2025 In Re:- An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Bhaktinagar P. S. Case No.

of dated 24.05.2024 under Sections 341/326/506/34 of IPC.

And In Re: Nripendra Roy @ Nipendra Roy.

... ... Petitioner Mr. Hillol Saha Podder.

... ... for the petitioner Mr. Kallol Acharjee, Ms. Sukanya Adhikary.

... ... for the State

1. Petitioner is in custody for 42 days. He contends the incident occurred on the spur of the moment and was not a pre-meditated one. Accordingly, he prays for bail.

2. Learned Advocate for the State submits injuries are grievous.

3. We have considered the materials on record. Incident occurred on the spur of moment. Whether injuries are life threatening or not may be assessed at the appropriate stage of the proceeding. There is no chance of abscondence.

4. Under such circumstances, we are inclined to grant bail to the petitioner.

5. Therefore, the accused/petitioner, namely Nripendra Roy @ Nipendra Roy, 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 Chief Judicial Magistrate, Jalpaiguri subject to condition that

the said 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 petitioner while on bail shall meet the officer-in-charge of the concerned police station until further orders.

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

7. The application for bail, thus, stands allowed. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)