6 11-04-2025 (ct. no. 4) KOLE Allowed In the Circuit Bench at Jalpaiguri High Court at Calcutta CRM (DB) 183 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 Haldibari Police Station Case No. 26 of 2024 dated 28.02.2024 under Sections 302/201/120B of the IPC. - A n d - In the matter of : Bappa Roy @ Neel .... Petitioner. Mr. Joydeep Kanta Bhowmik, Mr. S. Kumar, Mr. S. Das, Ms. M. Shone, Ms. Priti Das, … For the Petitioner. Mr. Aditi Shankar Chakraborty, Mr. Arjun Chowdhury, … For the State. 1. Learned Advocate for the petitioner and learned State Advocate are present. 2. Heard Learned Counsel for the parties. Perused the materials in the case diary. 3. Learned Advocate for the petitioner submits that the petitioner is in custody for about one year one month and as the co-accused persons are on bail, the prayer for bail made by the petitioner be considered. He further submits that the allegations against the petitioner are similar to that of the co-accused persons. 4. Learned State Advocate opposes the bail prayer and submits that the petitioner is the principal accused and he does not stand on same footing as the other co-accused persons who are on 2 bail. He further submits that the offending weapon was recovered on the statement of the petitioner. 5. Learned Advocate for the petitioner has also drawn attention to the two paragraphs of the charge-sheet, where it appears that 2 co-accused persons who were deputed to assault the victim. 6. Upon perusing the post-mortem report it appears that the death was due to by the effects of head injury ante-mortem in nature. As the petitioner was not named in the FIR and was subsequently implicated and the co-accused persons are on bail, it is necessary to decide whether the petitioner’s bail prayer should be considered. In order to decide the prayer for bail, it is necessary to decide the nature of offence, the evidence collected, severity of punishment if convicted and the chance of abscondance if released on bail. 7. Although the offence in which the petitioner has been implicated is serious in nature but considering the materials in the case diary, the period of detention and the fact that the case involves of examination of 22 witnesses and the trial is yet to start, in the interest of justice, the petitioner should be released on bail. 8. I, therefore, allow the prayer for bail made by the petitioner. 9. Accordingly, I direct that the petitioner, namely, Bappa Roy @ Neel, 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 Trial Court subject to condition that he shall appear before the trial court on every date of 3 substantive hearing subject to the provisions of Section 317 of Cr. P.C., 1973/Section 355 of the BNSS, 2023 and shall not intimidate the witnesses or tamper evidence in any manner whatsoever. The petitioner shall not leave the jurisdiction of the learned Trial Court and shall meet the O.C./I.C. of the said police station twice in a week and shall not meet the witnesses and the persons acquainted with the facts of the case. The petitioner shall not enter into the locality where the victim used to reside. 10. 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. 11. The application for bail is, accordingly, allowed. 12. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. ( Biswaroop Chowdhury, J. )