Ananda Roy v. The State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

Circuit Bench at Jalpaiguri 20.08.2025.

Sl. No. 9 Ct.No. 4.

sdas (Allowed) C.R.M.(M) 222 of 2025 In Re:- An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with NJP Police Station Case No. 583 of 2024 dated 15.06.2024 under Sections 302/120B/379/323/324/325/307/34 of the Indian Penal Code. In the matter of : Ananda Roy .... petitioner.

Mr. Subrata Karmakar Ms. Madhumita Sarkar Ms. Rinka Chakraborty ...for the petitioner.

Mr. Kallol Acharjee Dr. Arjun Chowdhury ....for the State.

This application for bail has been preferred under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (in short BNSS) in connection with NJP Police Station Case No. 583 of 2024 dated 15.06.2024 under Sections 302/120B/379/323/324/325/307/34 of the Indian Penal Code.

Mr. Karmakar, learned Advocate appearing for the petitioner, submits that the charge-sheet has already been filed and that the other co-accused persons, who stand on the same footing as the petitioner, have been granted bail. He further submits that the petitioner has been in custody for more than 424 days and that his continued detention would serve no useful purpose.

Mr. Acharjee, learned Advocate appearing for the State, produces the Case Diary and opposes the prayer for bail, relying on the materials contained therein.

Heard the learned Advocates for the respective parties and perused the Case Diary along with the other materials on record. In the present case, the charge-sheet has been submitted. The other coaccused persons, standing on the same footing, have been granted bail. The petitioner has been in custody for 424 days. Taking note of these facts, I do not find any justification to treat the present petitioner differently.

Accordingly, this bail application is, thus, allowed. In view of the above, the petitioner shall be released on bail upon furnishing a bond of Rs. 20,000/-, with two sureties of Rs. 10,000/- each, one of whom must be local, to the satisfaction of the learned Additional Sessions Judge, 2nd Court, Jalpaiguri, subject to the conditions that he shall appear before the trial court on every date of hearing until further orders, shall not intimidate witnesses or tamper with evidence in any manner whatsoever, and shall not enter the jurisdiction of the NJP Police Station without prior permission of the learned Trial Court.

In the event of any violation of the conditions enumerated in the preceding paragraph, the learned Trial Court shall be at liberty to cancel the petitioner's bail in accordance with law, without any further reference to this Court.

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