47. 06-01-2025 (ct. no.29) debajyoti (allowed) CRM (DB) 3869 of 2024 In re: An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Raiganj Police Station Case No.837 of 2024 dated 18-08-2024 under Sections 126(2)/64 of the Bharatiya Nyaya Sanhita. - A n d – In the matter of : Karen Sk. @ Sadek Ali .... Petitioner. Mr. Milon Mukherjee, Sr. Adv., Mr. Dattatreya Dutta … For the Petitioner. Mr. Sandip Chakraborty, Ms. Trisha Rakshit … For the State. Ms. Jiya Bose … For the defacto complainant. Dictated by Arijit Banerjee, J. 1. The petitioner says that he has been falsely implicated. The false complaint has been lodged because of business rivalry. The defacto complainant and the petitioner run sweetmeat shops in the same locality. He is in custody for more than 120 days. Investigation is complete. His further custodial detention is unnecessary. 2. Opposing the bail prayer, learned advocates for the State and the defacto complainant draw our attention to the material in the Case Diary. We have ready the First Information Report lodged by the victim’s husband and we Signed By : DEBAJYOTI DAS High Court of Calcutta 6 th of January 2025 06:36:34 PM 2 have also seen the victim’s statement recorded under Section 164 of the Code of Criminal Procedure. The version in the First Information Report is different from the version of the victim lady. The medical report also prima facie does not support the prosecution case. 3. On an overall assessment of the material on record, in our view, the possibility of false implication of the petitioner cannot be ruled out. Investigation is complete. No useful purpose will be served by detaining the petitioner in custody. 4. Accordingly, we direct that the petitioner, namely, Karen Sk. @ Sadek Ali, shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand), with two sureties of like amount each, one of whom must be local, to the satisfaction of learned District and Sessions Judge, Uttar Dinajpur at Raiganj. The petitioner shall appear before the learned trial Court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever. The petitioner shall remain within the jurisdiction of local police station and shall appear before the Officer-in- Charge/Inspector-in-Charge of the said police station once in a fortnight, until further orders. 5. In the event the petitioner fails to adhere to any of the conditions stipulated above without any justifiable cause, the learned trial Court shall be at liberty to cancel the bail in accordance with law without further reference to this Court. 6. The application for bail is, thus, allowed. 7. All parties shall act on the server copies of this order duly downloaded from the official website of this Court. Signed By : DEBAJYOTI DAS High Court of Calcutta 6 th of January 2025 06:36:34 PM 3 8. 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.) Signed By : DEBAJYOTI DAS High Court of Calcutta 6 th of January 2025 06:36:34 PM