Bandhan Roy@Swapan@Bandan Roy v. The State Of West Bengal

February 18, 2026 46 ARDR Allowed

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI CRIMINAL MISCELLANEOUS JURISDICTION CRM (M) 48 of 2026 In Re : An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Dinhata Police Station case no. 138 of 2025 dated 15/3/2025 under Section 103(1) of the BNS, 2023 and Sections 25/27 of the Arms Act. And In Re :

Bandhan Roy @ Swapan @ Bandan Roy ... Petitioner Adv. Sudip Guha, Adv. Ananda Paul, Adv. Ankita Nag, ... for the Petitioner.

Adv. Aditi Shankar Charaborty, ...for the State.

Learned counsel for the petitioner submits that the petitioner is in custody for more than 300 days and prays for bail. Learned counsel for the petitioner submits that the firing from the gun was accidental and there was no mens rea to kill the victim. The victim was a friend of the petitioner and were enjoying a get together where the unfortunate incident occurred. Learned counsel for the State opposes the prayer. I have considered the material on record.

There are discrepancies in the evidence of witnesses and statements recorded under Section 183 of the BNSS. Trial is in progress. Out of twenty three witnesses, seven witnesses have been examined. The petitioner voluntarily surrendered before the Court and is in custody since then.

Considering the material on record, particularly, the quality of evidence led so far, this Court is inclined to hold that further detention of the petitioner is not required and he may be released on bail subject to stringent conditions.

Accordingly, the prayer for bail is allowed.

The petitioner namely Bandhan Roy @ Swapan @ Bandan 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 should be local, to the satisfaction of the learned Additional Sessions Judge, Dinhata subject to condition that he shall appear before the learned trial Court on every date of hearing. He shall not intimidate witnesses or tamper with evidence in any manner whatsoever. In the event the petitioner fails to adhere to any of the conditions as stated above without justifiable cause, the learned trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

CRM (M) 48 of 2026 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 given to the parties, upon compliance with all requisite formalities. (Suvra Ghosh, J.)