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2025 DAILYLAW 13995 (CAL)

PROVAS SARDAR v. STATE OF WEST BENGAL

CRM (DB)/865/2025 · 2025-05-01

Suvra Ghosh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

01.05.2025 Item No.33 Ct.No.34 rc. Allowed C.R.M. (DB) 865 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 Basanti Police Station Case No. 754 of 2017 dated 29.09.2017 under Sections 447/326/307/302/34 of the Indian Penal Code and Sections 25(1)(a)/27 of the Arms Act. And In Re : Provas Sardar ... Petitioner Mr. Ayan Basu Sk. Salim Mr. Sumit Routh ... for the Petitioner Mr. Suman De Mr. Ratul Ghosh ... For the State Heard learned counsels for the parties. The petitioner seeks parity with the co-accused who have been granted bail earlier. The petitioner is in custody for more than seven years. Out of twenty- nine witnesses ten witnesses have been examined so far. The petitioner seeks bail solely on the ground of his detention. Learned counsel for the State opposes the prayer. The petitioner appears to be similarly circumstanced with the co-accused who are on bail in so far as his period of detention is concerned. Chances of completion of trial in near future is bleak. The petitioner is entitled to the same benefit as granted to the co-accused. 2 Accordingly, prayer for bail of the petitioner is allowed. The petitioner Provas Sardar, 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 Chief Judicial Magistrate, Alipore subject to condition that the petitioner shall remain outside the jurisdiction of the Basanti 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. The petitioner 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 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.)