Research › Search › Judgment

Calcutta High Court · body

2025 DAILYLAW 43268 (CAL)

ABHISHEK KUMAR AND ORS v. STATE OF WEST BENGAL

CRM(M)/1928/2025 · 2025-10-09

Biswaroop Chowdhury

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

09/10/2025 C.R.M.(M) 1928 of 2025 D/L-10 VB Ct. No.7 (Aritra) Allowed In Re:- An application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Salanpur Police Station Case No.51/2019 dated 17/04/2019 under Sections 365/364A/120B/34 of the Indian Penal Code, 1860. And In the matter of : Abhishek Kumar Chowdhury & Ors. … Petitioner Mr. Souvik Mitter, Mr. Kalyan Kumer Bhattacharjee Mr. R. Das ….for the petitioner Mr. Arijit Ganguly Ms. Debjani Sahu .…for the State 1. The learned advocate for the petitioner, learned advocate for the State of West Bengal are present. 2. Heard the learned advocates for the parties. 3. Perused the materials in the case diary. 4. The learned advocate for the petitioner submits that the petitioner Nos.1, 2 and 3 are in custody for more than 6 years, the petitioner Nos.4, 5 and 6 and in custody for more than 5 years and the petitioner No.7 is in custody for more than 4 years. The learned advocate further submits that although trial has commenced and only nine (9) witnesses have been examined but none of the 2 2 witnesses have identified the petitioners. The learned advocate further submits that the victim also could not identify the present petitioners/accused persons. 5. The learned advocate for the State strongly opposes the prayer for bail. 6. Upon perusal of the materials in the case diary and considering the depositions of the witnesses and the fact that the petitioners are in custody for 6 years, 5 years and 4 years and the matter involves examination of about 34 witness which will take a considerable time. In the interest of justice the petitioners should be released on bail. 7. I, therefore, allow the prayer for bail made by the petitioners. 8. The petitioners be released on bail upon condition of two sureties of Rs.10000/- each, one of which must be local subject to the satisfaction of the learned Chief Judicial Magistrate, Paschim Bardhaman. The petitioners upon being released shall met the Officer-in-Charge of the concerned police station once in a week and shall not leave the jurisdiction of the Court without leave of the trial court and shall not meet the witnesses acquainted with the facts of the case and shall not enter into the locality where the witness reside. In the event, there is violation of the condition, the learned trial court will be entitled to cancel the bail. 3 3 9. The application being CRM(M) 1928 of 2025 is disposed of. 10. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (BISWAROOP CHOWDHURY, J.)