Keshab Barman v. The State Of West Bengal

CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

13.02.2025 Court No.01 rpan/25 CRM (DB) 65 of 2025 In Re:- An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Ghoksadanga Police Station Case no. 504 of 2024 dated 11.09.2024 under Sections 329(4)/64(2)(k) of the Bharatiya Nyaya Sanhita, 2023;

And In Re : Keshab Barman - Petitioner Mr. Subhasish Misra, Mr. Satyajit Paul ... for the petitioner.

Mr. Abhijit Sarkar, Mr. Tapan Bhattacharjee ... for the State.

Mr. Hillol Saha Podder ... for the de facto/complainant.

Mr. Misra, learned advocate appearing for the petitioner submits that the petitioner has been falsely implicated. He has already suffered incarceration for about five months. Upon completion of investigation, chargesheet has also been submitted. In the said conspectus, the petitioner may be enlarged on bail on any stringent condition.

Mr. Sarkar, learned advocate appearing for the State opposes the petitioner's prayer and draws our attention to several documents in the case diary including the medical report and the certificate of disability of the victim.

Mr. Saha Podder, learned advocate enters appearance on behalf of the de facto/complainant.

Having heard the learned advocates and considering the materials on record, particularly the medical report, the statements of the witnesses, the nature of accusations and the

period of detention, we are of the opinion that further detention of the petitioner is not necessary.

In view thereof, we allow this application and direct that the petitioner, namely, Keshab Barman shall 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 Additional Chief Judicial Magistrate, Mathabhanga, Coochbehar with further conditions that he shall not enter the jurisdiction of Ghoksadanga Police Station until further orders and shall immediately intimate the address where he would be residing to the Officer-in-charge, Ghoksadanga Police Station and shall attend the learned trial court on all the dates as fixed for hearing.

It is further directed that the petitioner shall not influence the witnesses and/or tamper with the evidence in any manner whatsoever.

It is made clear that in the event the petitioner fails to comply with any of the aforesaid directions, without justifiable cause, the learned Court below shall be at liberty to cancel his bail without any further reference to this Court. The application for bail, being CRM (DB) 65 of 2025 is, accordingly, disposed of.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Prasenjit Biswas, J.) (Tapabrata Chakraborty, J.)