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2025 DAILYLAW 50468 (CAL)

BISWAJIT DAS v. THE STATE OF WEST BENGAL

CRM (DB)/44/2025 · 2025-02-19

Apurba Sinha Ray, Arijit Banerjee

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

19.02.2025 Item no. 30. Court No.29. AB (Allowed) CRM (DB) 44 of 2025 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Binpur Police Station Case No.16 of 2023 Dated 22.03.2023 under Section 489B/489C of the Indian Penal Code And In the matter of : Biswajit Das ……Petitioner. Ms. Madhurai Sinha Mr. Ranabir Halder ……for the Petitioner. Mr. Zubiar Alam, Mr. Soumyadip Saha ……for the State. Dictated by Arijit Banerjee, J. 1. The petitioner renews his prayer for bail which was rejected earlier on August 16, 2023. 2. The State has filed a status report. We find that only 1 out of 11 charge sheet named witnesses has been examined. As per the report, 10 more prosecution witnesses will be examined. There is no possibility of an early conclusion of the trial. The petitioner is in custody for about one year and ten months. 3. We also find from the report of the State that 20 Rs.500/- notes and 5 Rs.2,000/- notes were seized from the petitioner, which were low quality fake Indian Currency Notes. 4. We do not see the possibility of an early conclusion of the trial. The petitioner is in custody for a long time. Signed By : APURBA BANDYOPADHYAY High Court of Calcutta 19 th of February 2025 06:05:53 PM 2 5. Hence, without touching the merits of the case and solely on the ground of delay in progress of the trial, we are inclined to allow the petitioner’s prayer for bail. 6. Accordingly, we direct that the petitioner, namely BISWAJIT DAS shall be released on bail upon furnishing a bond of Rs.10,000/-, with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Jhargram, and on further conditions that he shall remain within the jurisdiction of the Binpur Police Station and shall report to the Inspector-in-Charge of the Binpur Police Station every day until further orders. 7. The petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence and/or commit any cognizable offence in any manner whatsoever. 8. In the event the petitioner fails to adhere to any of the conditions stipulated above without justifiable cause, the trial court shall be at liberty to cancel the petitioner’s bail in accordance with law without further reference to this Court. 9. The application for bail is, accordingly, allowed. 10. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Apurba Sinha Ray, J.) (Arijit Banerjee, J.) 3