← Library
Calcutta High CourtCRM(DB)/183/2025allowed

Bappa Roy@Neel v. The State Of West Bengal

2025-04-11Hon'Ble Justice Uday Kumar3 pages

JPD-02 Ct No.04 31.07.2025 (JM) Calcutta High Court In The Circuit Bench at Jalpaiguri Appellate Side C.R.M. (DB) 183 of 2025 With I.A. No. C.R.A.N. 1 OF 2025 In re: An application for Modification/Relaxation of Bail. In the matter of : BAPPA ROY @ NEEL.

......Petitioner.

Mr. Puspen Barman, Mr. Sayantan Bhowmik ......For the Petitioner.

Mr. Aditi Shankar Chakraborty, Ld. APP, Mr. Ujjwal Luksom .......For the State.

1. CRAN 1 of 2025, is an application for modification/relaxation of a specific condition stipulated in the bail order dated April 11, 2025.

2. The learned Advocate appearing for the petitioner submits that the petitioner was granted conditional bail on April 11, 2025, which included, inter alia, a condition that the petitioner shall report to the Officer-in-Charge (OC) or Inspector-in-Charge (IC) of the Haldibari Police Station twice a week. It is prayed that this particular condition be relaxed, as its continued imposition is no longer necessary.

3. Learned Advocate for the State, upon being apprised of the matter, submits that the charge-sheet in the instant case has already been submitted on June 11, 2024. In light of the submission of the charge-sheet, the learned Advocate for the State candidly concedes that the condition requiring the petitioner to meet the OC/IC of the said police station twice a week is indeed no longer necessary.

4. Having considered the submissions made by the learned Advocates for both the petitioner and the State, and having perused the records, this Court finds merit in the prayer for modification. The primary objective of such a condition, requiring periodic reporting to the police station, is generally to ensure the accused's availability for investigation and to monitor their conduct during the investigative phase.

5. However, with the submission of the charge-sheet on June 11, 2024, the investigation in the case has substantially concluded. Consequently, the utility and necessity of the condition requiring the petitioner to report to the OC/IC twice a week have demonstrably become redundant. Insisting on the continuation of such a condition would impose an undue burden on the petitioner without serving any practical or legal purpose in the changed circumstances.

6. Therefore, this Court is fully convinced with the submission of the learned Advocate for the petitioner, which is also supported by the stand taken by the learned Advocate for the State.

7. Accordingly, the condition to meet the OC/IC of the Haldibari Police Station twice in a week, as stipulated in the bail order dated April 11, 2025, is hereby relaxed.

8. It is clarified that all other terms and conditions contained in the bail order dated April 11, 2025, shall remain intact and continue to be binding on the petitioner.

9. Accordingly, CRAN 1 of 2025 is allowed and disposed of. (Uday Kumar, J.)