24.06.2025 Item No.15 Ct.No.34 rc. Allowed C.R.M. (DB) 729 of 2025 In Re : An Application for bail under Section 439 of the Code of Criminal Procedure read with Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Chakdaha Police Station Case No. 35 of 2025 dated 10.01.2025 under Sections 126(2)/117(2)/75/76/78/ 303(2)/351(2)/79/3(5) of the Bharatiya Nyaya Sanhita, 2023. And In Re : XXXX ... Petitioner Mrs. Minoti Gomes ... for the Petitioner Mr. Bibaswan Bhattacharya Mrs. Rajashree Tah ... For the State Affidavit of service filed by the petitioner is taken on record. The defecto complainant is not represented despite service. Heard learned counsels for the parties. Learned counsel for the petitioner submits that the petitioner is in custody for more than 5 months upon being falsely implicated. There was a relationship between the petitioner and the victim which upon turning sour, quarrel ensued between them which escalated into a fight. The petitioner prays for bail. Learned counsel for the State opposes the prayer. I have considered the material on record. The victim lady/defacto complainant who is an advocate by profession has not named the petitioner before the doctor. There is no eye witness to the alleged incident which occurred in a 2 public place. Charge sheet has been submitted. Further detention of the petitioner is not required and he may be granted bail. Accordingly prayer for bail is allowed. The petitioner be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten Thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Kalyani, Nadia subject to condition that he shall remain outside the jurisdiction of Chakdaha Police Station and shall furnish the address where he shall presently reside before the learned trial Court, Investigating Officer and the Officer-in-Charge of the concerned police station under whose jurisdiction he shall henceforth reside. He shall appear before the learned trial Court on every date of hearing. He shall not intimidate witnesses or tamper with evidence in any manner whatsoever. In the event the petitioner fails to comply with any of the conditions as mentioned above without justifiable cause, the learned trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court. The application for bail is, thus, disposed of. Case Diary be returned. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Suvra Ghosh, J.) 3