Shibaji Bania@Kolu v. The State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI 22.01.2025. C.R.M. (DB) 24 of 2025 7/tkm In Re:- An application for bail under Section 483 of BNSS 2023 in connection with Kotwali P.S case no. 506 of 2024 dated 22.5.2024 under sections 447/323/324/354/379/34 added section 307 IPC and Allowed In the matter of : Shibaji Bania @ Kolu ..... Petitioner Ms. Suman Sehanabis (Mandal) Mr. S Sah ...for the Petitioner Mr. Kallol Acharjee Mr. Dhiman Sil ...for the State

1. Petitioner is in custody for 70 days. He submits there is a sudden fight between the family members. Case and counter case were registered. He prays for bail.

2. Learned lawyer for the State submits victim was hospitalized.

3. We have considered the materials on record including the medical papers. Incident occurred in the course of a sudden fight. Case and counter case were registered. Whether injuries are life threatening 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. 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 Coochbehar 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.

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) 24 of 2025 is disposed of.

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