May 19, 2025 9 ARDR (Allowed) CRM (R) 33 of 2025 In Re : An Application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Santiniketan Police Station Case No. 124 dated 03/4/2025 under Sections 318(4)/318(2)/336(2)/336(3)/61(2) of the BNS. And In Re : Kapil Kumar Jain & anr. ... Petitioners. Sr. Adv. Sandipan Ganguly, Adv. Karan Dudhwewala, Adv. Dewashish Vishwakarma, Adv. Roshan Singh, Adv. Kumar Gourav ... for the petitioners. Adv. Faria Hossain, Adv. Yaser A. Ismail, ... for the State. The petitioners are in custody for about 50 days and prays for bail. Learned counsel for the State opposes the prayer. I have perused the material on record. One person personating Sandip Sengupta, a professor from IIT, Kharagpur approached the petitioners for testing of a valuable material which is not in the periodic table, for selling the same to a foreign buyer for Rs. 30 crores. Since the person personating Sandip Sengupta did not have the means to conduct the testing, he approached the petitioners for the purpose who in turn got in touch with Ainak Roy, proprietor of Paramount Energy Solution INC for testing. The petitioners paid Rs.4.5 crores to Ainak Roy for the said purpose and booked a hotel at Bolpur as requested by Ainak Roy. Since the material contained the labels “Radioactive, hazmat and classified material”, the hotel was raided by the police and the 2 material seized. On testing the material, BARC team found that it did not contain any radioactive element. Learned counsel for the petitioners submits that the petitioners have been duped of Rs.4.5 crores by the offender and are in custody for about 50 days. The said amount was paid by the petitioners by availing of bank loan, for testing the material. Learned counsel has taken this Court to cautions issued by the Department of Atomic Energy stating that unknown fraudsters are selling material with dubious names of anti-radiation pack and rice puller claiming to have radio activity for the purpose of cheating the public at large. Upon consideration of the material on record as well as the extent of complicity of the petitioners in the alleged offence, this Court is of the view that further detention of the petitioners is not required and they may be granted bail subject to their cooperation in investigation. Accordingly, the prayer for bail is allowed. The petitioners namely Kapil Kumar Jain and Rajiv Jaiswal be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten Thousand only) each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Bolpur, subject to the condition that they shall remain within the jurisdiction of Bolpur sub-division and shall furnish the addresses where they shall presently reside before the learned trial Court, Investigating officer and the Officer in charge of the police station under whose jurisdiction they shall henceforth reside. The petitioners shall appear before the 3 Investigating officer once a week until further orders. They shall not intimidate witnesses or tamper with evidence in any manner whatsoever. In the event the petitioners fail to adhere to any of the conditions as stated above, the learned trial Court shall be at liberty to cancel their bail in accordance with law without further reference to this Court. The application for bail is disposed of. Case Diary be returned. 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.)