Extracted from the PDF above. The PDF is authoritative.
April 21, 2025 8 ARDR Allowed CRM (M) 10 of 2025
In Re : An Application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Khanakul Police Station Case No. 90 of 2025 dated 6th February, 2025 under Section 69 of the BNS, 2023. And
In Re : Barun Hambir
... Petitioner. Adv. Niladri Sekhar Ghosh,
... for the petitioner. Adv. Afreen Begum, …for the defacto complainant. Adv. Faria Hossain, Adv. Amanul Islam,
... for the State. Affidavit of service filed on behalf of the petitioner and the report submitted by the State are taken on record. The petitioner is in custody for more than two months. Learned counsel for the petitioner submits that there was a consensual relationship between the petitioner and the defacto complainant for a considerable period of time and the petitioner has been falsely implicated. The petitioner prays for bail. Learned counsels for the State and the defacto complainant oppose the prayer. It appears from the material on record, particularly the statement of the defacto complainant recorded under Section 164 of the Code of Criminal Procedure that there was a long standing consensual relationship between the petitioner and the defacto complainant and the defacto complainant gave birth to a child as a result of such relationship. The complaint has been lodged primarily because the petitioner did not respond to the call of the defacto complainant for taking responsibility of the child. 2 I have considered the material on record. Record suggests long standing consensual relationship between the parties. The defacto complainant being a married lady was all throughout aware of the consequence of the relationship. Considering the material available on record as well as extent of complicity of the petitioner in the alleged offence, this Court is of the view that further detention of the petitioner is not required and he may be released on bail. Accordingly, the prayer for bail is allowed.
The petitioner namely Barun Hambir 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, Arambagh, Hooghly subject to the condition that he shall remain outside the jurisdiction of Arambagh and shall furnish the address where he shall presently reside before the learned trial Court, the Investigating officer and the Officer in charge of the concerned police station under whose jurisdiction he shall presently reside. He shall enter Arambagh only for the purpose of appearing before the learned trial Court on every date of hearing fixed by the learned Court and 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 stated above, 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 disposed of. 3 All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Suvra Ghosh, J.)