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Calcutta High CourtCRM(A)/750/2025allowed

Nilajit Ghosh Choudhury v. State Of West Bengal

2025-12-15Hon'Ble Justice Tapabrata Chakraborty2 pages

CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

APPELLATE SIDE 15.12.2025 Court No.01 rpan/04 CRM (A) 750 of 2025 In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 438 of the Code of Criminal Procedure); And In Re: Sri Nilajit Ghosh Choudhury - Petitioner.

Mr. Amales Roy, Mr. Nigam Mittal ...for the Petitioner.

Mr. Kallol Acharjee, Mr. Subhasish Misra ...for the State.

Apprehending arrest in connection with Sahebganj Police Station Case no.332 of 2025 dated 12.06.2025 under Sections 344/336(6)/318(4) and 316(5) of the Bharatiya Nyaya Sanhita, 2023, the present application has been preferred. Mr. Roy, learned senior advocate appearing for the petitioner submits that a false allegation of embezzlement of fund was levelled against the petitioner and the complaint was lodged about eight months after he was suspended by an order dated 12th October, 2025. Pursuant to the earlier orders passed by a co-ordinate Bench of this Court, the petitioner had rendered all cooperation and had met with the Investigating Officer as and when directed. Answering our query, Mr. Acharjee, learned advocate appearing for the State submits that pursuant to the earlier order, the petitioner did appear before the Investigating Officer and that investigation is still continuing.

Having heard the learned advocates appearing for the respective parties and considering the materials on record, the nature of allegations and the extent of complicity of the petitioner in the alleged offence, I am of the opinion that custodial interrogation of the petitioner is not necessary.

Accordingly, I direct that in the event of arrest the petitioner, namely, Sri Nilajit Ghosh Choudhury shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer and subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 with a further condition that the petitioner shall meet with the Investigating Officer once a week till such investigation is completed.

It is further directed that the petitioner shall not intimidate/influence the witnesses or tamper with evidence in any manner whatsoever.

It is made clear that in the event the petitioner fails to comply with the aforesaid directions without any justifiable cause, the learned trial court would be at liberty to cancel his bail without any further reference to this Court.

The application for anticipatory bail, being CRM (A) 750 of 2025, is disposed of.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Tapabrata Chakraborty, J.)