Sayan Kabir v. The State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI CRIMINAL MISCELLANEOUS JURISDICTION 01.07.2025 Sl. No. 18 Court No.4 Arsad,(ARCR) In Re: An application for relaxation/ modification of condition of bail. CRM(M)/24/2025 IA NO: CRAN/1/2025 SAYAN KABIR VS THE STATE OF WEST BENGAL Mr. Aditi Shankar Chakraborty, Ld. APP Mr. Biswarup Roy, .....For the State CRAN/1/2025 is an application seeking modification of the conditions granting bail incorporated in the order dated April 09, 2025 passed in CRM(M)/24/2025.

It is submitted on behalf of the learned Advocate for the petitioner that the petitioner happens to be a practicing Advocate. Moreover, charge-sheet has been submitted in the case and charges have been framed. In consideration of the aforesaid circumstances, it is submitted that the conditions imposed in the order granting bail should be waived. Learned Advocate for the State submits that the original order granting bail was passed in consideration of the materials in the case below as also taking into account that charge-sheet was already submitted before the bail was granted. As such, the conditions imposed by the order dated April 09, 2025, does not deserve to be waived. It appears that the petitioner was granted bail by an order dated April 09, 2025 passed in CRM(M)/24/2025. The said bail order was subject to condition that the petitioner upon being released on bail shall report to the Officer-in-Charge of the concerned Police Station within

whose jurisdiction he will reside, once in a week until further orders and he shall not enter into the jurisdiction of Mainaguri Police Station until further orders and shall not meet or contact the de facto complainant and the persons acquainted with the facts of the case and shall not do any act prejudicial to the trial. As noted above, the trial of the case is yet to be commenced. Charges stood framed. The evidence on behalf of the prosecution is likely to be taken up by learned Trial Court. In such facts and circumstances, the conditions to reside outside the jurisdiction of Mainaguri Police Station and to report to the Officer-in-Charge of the Police Station where the petitioner takes abode once in a week is directed against the trial of the case and does not deserve to be relaxed at this stage where the trial is likely to commence.

However, in consideration of the present situation and the likelihood of the commencement of the trial and also taking in to consideration that there are no complaints regarding non-compliance of the condition of the bail, the condition of the bail to meet the Officer-in-Charge of the Police Station where the petitioner is residing once in a week is modified to the extent once in a fortnight.

All other conditions of the bail order dated April 09, 2025 shall remain the same.

CRAN/1/2025 is accordingly disposed of.

(MD. SHABBAR RASHIDI, J.)