Amit Chettri@Chhetri v. The State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

Circuit Bench at Jalpaiguri 20.08.2025.

Sl. No. 10 Ct.No. 4.

sdas (Allowed) C.R.M.(M) 223 of 2025 In Re:- An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Kharibari Police Station Case No. 140 of 2025 dated 23.05.2025 under Section 108 of the BNS, 2023.

In the matter of : Amit Chettri @ Chhetri .... petitioner.

Mr. Hillol Saha Podder Mrs. Mousumi Das ...for the petitioner.

Mr. Nilay Chakraborty, learned APP Mr. Kallol Acharjee Mr. Subhasish Misra ....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 Kharibari Police Station Case No. 140 of 2025 dated 23.05.2025 under Section 108 of the BNS, 2023 corresponding to 306 of the Indian Penal Code. Mr. Saha Podder, learned Advocate appearing for the petitioner, submits that the petitioner has been falsely implicated in this case on the allegation that he had talking terms with the victim. He contends that following a family dispute, the victim consumed poison and took her own life. He further submits that the petitioner had no involvement in the alleged offence and has been falsely implicated out of personal grudge, by taking advantage of the situation.

Mr. Chakraborty, learned Additional Public Prosecutor, produces the Case Diary and vehemently opposes the prayer for bail of the present petitioner.

Heard the learned Advocates for the respective parties and perused the materials on record, including the statements of witnesses recorded under Section 180 of the BNS and the post-mortem report. The petitioner has been in custody for 66 days. Taking into consideration the extent of his complicity in the alleged offence and the period of detention of the petitioner, I am of the view that his continued detention will not serve any useful purpose 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. 10,000/-, with two sureties of Rs.

5,000/- each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Siliguri, 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 meet the Investigating Officer once a week until further orders. In the event the petitioner violates any of the conditions mentioned in the preceding paragraph, the learned Trial Court shall be competent to cancel his bail in accordance with law, without any further reference to this Court.

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