09.04.2025 Item no. 14. Court No.4. AB (Allowed) Calcutta High Court In the Circuit Bench at Jalpaiguri CRM (M) 24 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 Maynaguri Police Station Case No.229 of 2024 Dated 01.06.2024 under Section 498A/494/304B/302/315/120B/34 of the Indian Penal Code And In the matter of : Sayan Kabir ……Petitioner. Mr. Arijit Ghosh, Mr. S. Jib ……for the Petitioner. Mr. A. S. Chakraborty, ld. APP Dr. Arjun Chowdhury ……for the State. Mr. Saikat Chatterjee, Ms. Purbasha Sarkar….for the Defacto complainant. 1. Learned Advocate for the petitioner, learned Advocate for the Opposite Party/State of West Bengal and learned Advocate for the defacto complainant are present. 2. Heard learned Advocates for the parties. 3. Perused the materials in the case diary. 4. Learned Advocate for the petitioner submits that co- accused persons are on bail and the prayer for bail made by the petitioner be considered. 5. Learned Advocate for the Opposite Party/State of West Bengal objects the grant of bail and relies upon the 2 statement recorded under Section 164 Cr.P.C. and other materials in the case diary. 6. Learned Advocate appearing for the defacto complainant also objects the grant of bail. 7. Upon perusal of the post mortem report, it appears that there is no mention of any external injury other that death by poisoning. Upon perusal of statement recorded under Section 164 Cr.P.C. it appears that the allegations made against the accused persons are general in nature. 8. Upon considering the materials in the case diary, the period of detention already undergone by the petitioner and the fact that charge sheet has already been submitted and the petitioner being a lawyer may not abscond and that two co-accused persons are on bail, this Court is of the view that in the interest of justice, the petitioner should be granted bail. 9. Thus, the prayer for bail made by the petitioner is allowed. 10. Accordingly, the petitioner, namely SAYAN KABIR shall be released on bail upon furnishing a bond of Rs.10,000/-, with two sureties of Rs.5,000/-each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Jalpaiguri, and on further conditions that the petitioner upon being released on bail shall report to the Officer in charge of the concerned 3 Police Station within whose jurisdiction he will reside once in a week until further orders and he shall not enter into the jurisdiction of Moynaguri Police Station until further orders and shall not meet or contact the defacto complainant and the persons acquainted with the facts of the case and shall not do any act prejudicial to trial. 11. 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. 12. 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. 13. The application for bail is, accordingly, allowed. 14. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Biswaroop Chowdhury, J.) 4