Surobala Roy@Surabala Roy And ANR v. State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

Circuit Bench at Jalpaiguri 12.06.2025.

07.

Ct.No.04.

as (Allowed) C.R.M. (M) 104 of 2025 In Re:- An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Dhupguri P.S. Case No.45 of dated 31.01.2025 under Sections 126(2)/115(2)/117(4)/105/3(5) of Bharatiya Nyaya Sanhita, 2023 corresponding to PTN No.WBJP02P000492 of 2025. In the matter of : Surobala Roy @ Surabala Roy & Anr. .... Petitioners.

Mr. Sudip Guha.

...for the Petitioners.

Mr. Abhijit Sarkar, Mr. Dhiman Sil.

...for the State.

1.

The present application has been filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (in short, BNSS) in connection with Dhupguri P.S. Case No.45 of 2025 dated 31.01.2025 under Sections 126(2)/115(2)/117(4)/105/3(5) of Bharatiya Nyaya Sanhita, 2023 corresponding to PTN No.WBJP02P000492 of 2025. 2.

Mr. Guha, learned advocate representing the petitioners, submits that the charge sheet has been submitted. The other coaccused persons are on bail, and there is no specific allegation against the present accused persons. The petitioners have surrendered voluntarily. He prays for bail on the ground of parity. 3.

Mr. Sarkar, learned advocate representing the State, produces the case diary. Based on the materials available in the case diary, he opposes the prayer for bail. He submits that the victim has been brutally murdered in this case.

4.

Heard the learned Advocates appearing for the respective parties and perused the materials on record including the case diary. 5.

Fact remains that the charge sheet has been submitted and the other co-accused persons have been enlarged on bail. There is no allegation of any specific overt act against the present accused persons. The present petitioners are women.

6.

Taking note of these facts, I am of the view that further detention of the petitioners will not serve any purpose. 7.

In view of the above, the petitioners, viz., 1) Surobala Roy @ Surabala Roy and 2) Anjana Roy, shall be released on bail upon furnishing a bond of Rs. 5,000/- each with two sureties of Rs. 2500/- each, to the satisfaction of the learned Chief Judicial Magistrate, Jalpaiguri, subject to the condition that they shall appear before the trial court on every date of hearing until further orders, and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

8.

In the event the petitioners fail to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel their bail in accordance with law, without further reference to this Court.

7. This application for bail is, thus, disposed of. (Partha Sarathi Chatterjee, J.)