23 02-04-2025 (ct. no. 4) KOLE Allowed CRM (DB) 176 of 2025 In re: An application for bail under Section 439 of the Code of Criminal Procedure/Section 483 of the BNSS in connection with Jalpaiguri Police Station Case No. 1206 of 2024 dated 16.11.2024 under Sections 108 of the BNS, 2023. - A n d - In the matter of : Debraj Pyne .... Petitioner. Mr. Kumar Shantanu, Mr. T. Sahadat, … For the Petitioner. Mr. Aditi Shankar Chakraborty, Mr. K. Nag, … For the State. 1. Learned Advocate for the petitioner and learned State Advocate are present. Head Learned Counsel for the parties. 2. Learned Advocate for the petitioner submits that the petitioner is implicated merely on the basis of having relationship with the victim lady although she is married. He submits that the allegations made against his client are not maintainable. He draws attention to the statement in the charge sheet where it is observed that the accused person took Rs. 10 thousand from the victim and transferred Rs. 2465/- to her. It is also submitted that the bank passbook and the statement seized by the Investigating Officer will go to show that the accused lent the victim money on different times. 3. Learned State Advocate submits that the investigation is complete and 15 witnesses are only to be examined. Learned Advocate further draws attention to the suicide note submitted by the victim. 2 4. Upon perusal of the materials in the case diary and upon considering the facts and circumstances of the case, it appears that in the suicide note the victim has mentioned different incidents apart from making allegations against the accused persons. Although it would not be proper to make further observations with regard to the merits of the case, but it is necessary as to whether or not the petitioner should be enlarged on bail. 5. The Hon’ble Apex Court and different High Courts in the judicial decisions has observed that while considering the prayer for bail the nature of offence, severity of the punishment, nature of the offence and the chance of abscondence of the accused or to repeat similar offence are to be considered. The offence alleged is not punishable to death or imprisonment for life. 6. Upon considering the materials in the case diary and the period of detention, which is four and half months, this court is of the view that as there is no reasonable apprehension to repeat such offence or tamper with evidence, the petitioner should be enlarged on bail. 7. Accordingly, I direct that the petitioner, namely, Debraj Pyne, 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 Chief Judicial Magistrate, Jalpaiguri subject to condition that he shall appear before the trial court on 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 evidence in any 3 manner whatsoever. The petitioner shall not leave the jurisdiction of the court and shall meet the O.C./I.C. of the concerned police station once in a fortnight until further orders. 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. ( Biswaroop Chowdhury, J. )