Sujit Barman v. The State Of West Bengal And ANR

08.04.2025 Item no. 13.

Court No.4.

AB (Allowed) Calcutta High Court In the Circuit Bench at Jalpaiguri CRM (R) 7 of 2025 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Tufanganj Police Station Case No.839 of 2021 under Section 363/365 109/376 of the Indian Penal Code And In the matter of : Sri Sujit Barman ......Petitioner.

Mr. S. Mukherjee, Ms. Oshmita Mukherjee, Ms. Tannu Agarwal ......for the Petitioner.

Mr. Ujjwal Luksom, Ms. Namrata Das ......for the State.

1.

Learned Advocate for the petitioner and learned Advocate for the Opposite Party/State of West Bengal are present.

2.

Heard learned Advocates for the parties.

3.

Perused the materials in the case diary.

4.

On perusal of the records, it appears that the petitioner was granted bail on 17.01.2022 and thereafter as he failed to appear on 20.11.2024 before the learned Magistrate, warrant of arrest was issued against him. It further appears that thereafter the petitioner surrendered before the learned Trial Court on 28.02.2025 and is still in custody.

5.

Upon hearing learned Advocates for the parties and upon considering the materials in the case diary, this Court is of the view that as the petitioner was already on bail and considering his period of detention subsequent to cancellation of bail, in the interest of justice, the petitioner be granted one more opportunity to remain on bail.

6.

Thus, the prayer for bail made by the petitioner is allowed.

7.

Accordingly, the petitioner, namely SRI SUJIT BARMAN shall be released on bail upon furnishing a bond of Rs.10,000/-, with two sureties of Rs.5,000/-each, other than the previous surety, one of whom must be local, to the satisfaction of the learned Trial Court, and on further conditions that the petitioner upon being released on bail shall report to the Officer-in-Charge of Tufanganj Police Station once in a week until further orders.

8.

The petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence and/or commit any cognizable offence in any manner whatsoever.

9.

In the event the petitioner fails to adhere to any of the conditions stipulated above without justifiable cause, the trial court shall be at liberty to cancel the

petitioner's bail in accordance with law without further reference to this Court.

10.

The application for bail is, accordingly, allowed. 11.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Biswaroop Chowdhury, J.)