07. 06.01.2025 Court No.29 (Pritam) (M/L) (Allowed) IN THE HIGH COURT AT CALCUTTA CRIMINAL MISCELLANEOUS JURISDICTION CRM (DB) 3056 of 2024 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 Salboni Police Station Case No.264/2022 dated 06.09.2022 under Sections 420/468/471/506/120B/34 of the Indian Penal Code, 1860. And In the matter of: - Chapeswar Sardar. …petitioner. Mr. Sekhar Kr. Basu, Sr. Adv., Mr. Jakir Hossain, Mr. Sharan Shah …for the petitioner. Mr. Debasish Roy, Ld. PP., Mr. Rudradipta Nandy, Ld. APP., Ms. Sanjana Saha …for the State. Dictated by Apurba Sinha Ray, J. 1. Learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in this case. Apart from this, there is serous illegality in showing arrest of the present petitioner on April 19, 2024 by the concerned Additional Sessions Judge, 1st Court, Paschim Medinipur since without producing him before the concerned Additional Sessions Judge, 1st Court, Paschim Medinipur, the prayer for shown arrested has been allowed, which is totally illegal and unconstitutional. 2. Moreover, the investigation of the instant case is complete and as such he may be enlarged on bail on any condition. 2 3. Learned counsel for the State vehemently opposes the prayer for bail. According to him, the present petitioner is one of the kingpins of the Education Scam, which occurred in the district of Paschim Medinipur. The learned advocate for the State has further submitted that there is no illegality in showing arrest of the present petitioner since Production Warrant was issued on April 19, 2024 but on the subsequent date, the petitioner was not produced. On May 2, 2024, when the petitioner was produced before the concerned Additional Sessions Judge, 1st Court, Paschim Medinipur, he was shown arrested and was taken into custody in connection with the relevant case. In fact, there is no illegality committed by the Additional Sessions Judge, 1st Court, Paschim Medinipur and therefore, the petitioner cannot be said to have been arrested illegally. 4. Further investigation is going on and if the present petitioner is enlarged on bail, the prosecution as well as the investigation may suffer a lot. 5. We have considered the materials on record. We find that investigation is complete and the documentary evidences relating to the alleged offences have already been collected by the concerned Investigating Agency. Moreover, we find that on April 19, 2024, there is a mistake on the part of the concerned Additional Sessions Judge, 1st Court, Paschim Medinipur by allowing the prayer for shown arrest, without the petitioner being produced before him. However, as the investigation is 3 complete, we are inclined to allow the prayer for bail of the petitioner on certain conditions. 6. Accordingly, we allow the petitioner’s prayer for bail. 7. Accordingly, we direct that the petitioner, namely, Chapeswar Sardar shall be released on bail upon furnishing a bond of Rs.50,000/- (Rupees Fifty Thousand), with two local sureties of like amount each to the satisfaction of learned Additional Sessions Judge, 1st Court, Paschim Medinipur. The petitioner 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 the Bharatiya Nagarik Suraksha Sanhita, 2023 and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever. The petitioner shall not leave the territorial jurisdiction of Moyna Police Station excepting for the purpose of court proceeding, until further orders. The petitioner shall report/meet to the Officer-in-Charge/Inspector-in-Charge of Moyna Police Station once in every week, until further orders and shall fully co-operate with the Investigating Officer for further investigation of this case. 8. In the event the petitioner fails to comply with any of the conditions stipulated above, the trial Court shall be at liberty to cancel the bail in accordance with law without further reference to this court. 9. The application for bail being CRM (DB) 3056 of 2024 is, thus, disposed of. 4 10. All parties shall act on the server copies of this order duly downloaded from the official website of this Court. 11. Criminal Section is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities. (Arijit Banerjee, J.) (Apurba Sinha Ray, J.)