Manoj Thakur @ Monoj Thakur v. The State Of West Bengal

CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

14.02.2025 Court No.01 rpan/23 CRM (DB) 91 of 2025 In Re:- An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with NJP Station Case no. 784 of 2024 dated 11.08.2024 under Sections 137(2)/140(3)/3(5) of the Bharatiya Nyaya Sanhita, 2023; And In Re : Manoj Thakur @ Monoj Thakur - Petitioner - Mr. Sourav Ganguly, Ms. Rishita Chakraborty, Ms. Deblina Roy, Mr. Gopal Roy ... for the petitioner.

Mr. Ujjwal Lusom, Mr. Kallol Nag, Mr. Dhiman Sil ... for the State.

Mr. Ganguly, learned advocate appearing for the petitioner submits that the petitioner is languishing in custody since 11th August, 2024. He has been falsely implicated in a dispute which has civil trait. Upon completion of investigation chargesheet has already been submitted. Three co-accused persons similarly situated with the petitioner have already been granted bail and in view thereof, further detention of the petitioner may not be necessary.

Mr. Nag, learned advocate appearing for the State opposes the petitioner's prayer and submits that there are strong incriminating materials on record and that the Court cannot proceed on the basis of parity on a simplistic assessment.

We have perused the materials on record, including the statement of the witnesses and assessed the role of the petitioner in the alleged offence. Upon cumulative assessment, it appears that the petitioner is similarly situated with the three co-accused persons who have already been granted bail by co-ordinate Benches of this Court. In view thereof, further detention of the petitioner is not necessary.

Accordingly, we direct that the petitioner, namely, Manoj Thakur @ Monoj Thakur 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 Chief Judicial Magistrate, Jalpaiguri with further conditions that he shall attend the learned trial Court on all the dates as fixed for hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever or commit similar offences in future. The petitioner shall not leave the territorial jurisdiction of the learned trial Court and furnish his address to the concerned police station where he will henceforth reside.

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) 91 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.)