AKHIL BHOWMICK AND ORS. v. CENTRAL BUREAU OF INVESTIGATION
CRM (DB)/147/2025 · 2025-02-24
Apurba Sinha Ray, Arijit Banerjee
body2025
DailyLaw.ai
[ 2025 DAILYLAW 4086 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 4086 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
13. 24.02.2025 Court No.29 (Tanmoy)
Allowed
IN THE HIGH COURT AT CALCUTTA CRIMINAL MISCELLANEOUS JURISDICTION
CRM (DB) 147 of 2025
In Re: - An application for bail under Section 439 of the Code of Criminal Procedure, 1973 / Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, arising out of CBI-SCB-Kolkata No. RC056S20210011/2021 dated 25.8.2021 in connection with Kotwali Police Station Case No. 562/2021 dated 14.6.2021 under Sections 143/144/147/148/149/302/427/448/449/34 of the Indian Penal Code read with Sections 25/27 of the Arms Act, 1959. And In the matter of: - AKHIL BHOWMICK AND ORS. …petitioners. Mr. Soubhik Mitter Mr. Litan Maitra Mr. Kalyan Kumar Bhattacharya Ms. Rajnandini Das …for the petitioners. Mr. Amajit De, Spl. PP, CBI …for CBI. Dictated by Arijit Banerjee, J.
1. Report filed by Central Bureau of Investigation (CBI) be kept with the records. 2. From the report we find that the prosecution intends to examine 42-45 witnesses. 11 witnesses have been examined so far. The petitioners are in custody for three years and eight months. 3. We see that the Hon’ble Supreme Court, by an order dated November 11, 2024, passed in petition(s) for Special Leave to Appeal (Crl.) No(s). 6986/2024 (Appu Mukherjee @ Babusona & Ors. v. Central Bureau of Investigation), was pleased to grant bail to other co-accused persons since they were in custody for more than three years. 2
4. Hence, following the order of the Hon’ble Supreme Court, referred to above, we are also inclined to grant bail to the petitioners herein seeing that there is no possibility of an early conclusion of the trial. 5. Accordingly, we direct that the petitioners, namely, 1. AKHIL BHOWMICK, 2. PARTHA HALDER, 3.
PROSENJIT CHAKI @ HARAN shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand) each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Nadia at Krishnagar, subject to condition that the petitioners shall appear before the Trial Court on each and every date of substantive hearing subject to the provisions of Section 317 of the Code of Criminal Procedure, 1973 / Section 355 of Bharatiya Nagarik Suraksha Sanhita, 2023, and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever and on further condition that the petitioners, while on bail, shall not enter the territorial jurisdiction of Kotwali Police Station, Krishnagar, except for the purpose of attending Court proceedings and shall furnish their present address, where they will be residing, to the Inspector-in-Charge of the said Police Station as also to the learned Trial Court and shall also meet the Inspector-in-Charge of the Police Station within whose jurisdiction they shall be presently residing, once in a week, until further orders. 6. In the event the petitioners fail to adhere to any of the conditions stipulated above without any justifiable cause, the
3 Trial Court shall be at liberty to cancel their bail in accordance with law without further reference to this Court. 7. The application for bail being CRM (DB) 147 of 2025 is accordingly disposed of. 8. Criminal Section is directed to make available urgent photostat certified copies of this order to the parties, if applied for, upon compliance with all requisite formalities. (Apurba Sinha Ray, J.) (Arijit Banerjee, J.)