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2025 DAILYLAW 8250 (CAL)

PALASH SANFUI v. THE STATE OF WEST BENGAL

CRM (DB)/447/2025 · 2025-03-27

Apurba Sinha Ray, Arijit Banerjee

body2025

Judgment text

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62. 27.03.2025 Court No.29 (Tanmoy) Allowed IN THE HIGH COURT AT CALCUTTA CRIMINAL MISCELLANEOUS JURISDICTION CRM (DB) 447 of 2025 In Re: - An application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, arising out of Basanti Police Station Case No. 754/2017 dated 29.9.2017 under Sections 447/326/307/302/34 of the Indian Penal Code, 1860 read with Sections 2591)(a)/27 of the Arms Act. And In the matter of: - PALASH SANFUI …petitioner. Mr. Sk. Salim …for the petitioner. Mr. Ranabir Roy Chowdhury Ms. Srilekha Chattopadhyay …for the State. Dictated by Arijit Banerjee, J. 1. The petitioner claims parity citing an order dated January 17, 2025, passed in CRM (DB) 3292 of 2024, whereby this Bench enlarged on bail a co-accused person by the name of Bhola Safui @ Bholanath Sanfui, primarily on the touchstone of Article 21 of the Constitution of India. The petitioner says that he stands on the same footing as the said Bhola Safui. 2. Learned Counsel for the State, while opposing the prayer for bail, in his usual fairness, does not dispute that this petitioner is similarly circumstanced as the said Bhola Safui insofar as delay in progress of trial and the period of detention are concerned. 3. Hence, on the ground of parity, without touching the merits of the case, we allow the petitioner’s prayer for bail. 4. Accordingly, we direct that the petitioner, namely, PALASH SANFUI, 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 2 the learned Chief Judicial Magistrate, South 24-Parganas at Alipore, subject to condition that the petitioner shall appear before the Trial Court on each and every date of substantive hearing subject to the provisions of Section 317 of the Code of Criminal Procedure, 1973 / Section 355 of Bharatiya Nagarik Suraksha Sanhita, 2023, and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever and on further condition that the petitioner, while on bail, shall not enter the territorial jurisdiction of Basanti Police Station and shall furnish his present address to the Inspector-in- Charge/Officer-in-Charge of the concerned Police Station as well as the learned Trial Court and shall report to the Inspector-in- Charge/Officer-in-Charge of the concerned Police Station within whose jurisdiction he will be presently residing, once in a week, until further orders. 5. In the event the petitioner fails to adhere to any of the conditions stipulated above without any justifiable cause, the Trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court. 6. The application for bail being CRM (DB) 447 of 2025 is accordingly disposed of. 7. Criminal Section is directed to supply urgent photostat certified copies of this order to the parties, if applied for, upon compliance with all requisite formalities. (Arijit Banerjee, J.) (Apurba Sinha Ray, J.)