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2025 DAILYLAW 9871 (CAL)

ANKIT TIWARI v. THE STATE OF WEST BENGAL

CRM (DB)/553/2025 · 2025-04-03

Suvra Ghosh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

03.04.2025 33 jb. jdt. Allowed C.R.M. (DB) 553 of 2025 In Re : An Application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Uttarpara Police Station Case No. 221 of 2013 dated 09.05.2013 under Sections 302/120B/34 of the Indian Penal Code read with Sections 25/27 of the Arms Act. And In Re : Ankit Tiwari ... Petitioner. Mr. Ranadeb Sengupta Ms. Jeenia Rudra ... For the Petitioner. Zareen Nasema Khan Mr. Ratul Ghosh ... For the State. Status report submitted by the State is taken on record. Learned counsel for the petitioner submits that the petitioner was initially granted bail and on 17th April, 2018 warrant of arrest was issued against him by the learned trial Court since he failed to appear before the learned Court on that date. On 18th June, 2018 warrant of proclamation and attachment was issued against him simultaneously without assigning any explanation therefor as required under Section 82 of the Code of Criminal Procedure. The petitioner was arrested in connection with NDPS Case no. 02/2020 and produced before the learned trial Court also in connection with the present case. Learned counsel submits that the petitioner has been acquitted from the charges in the NDPS case. The petitioner was taken into custody in connection with the present case on 24th January, 2020 and is in custody till date. The petitioner seeks bail. Learned counsel for the State opposes the prayer for bail. 2 In view of the fact that the petitioner was initially on bail and has suffered incarceration for a considerable period of time due to non-appearance before the learned trial Court on a particular date, this Court is inclined to hold that further detention of the petitioner is not required Accordingly, the prayer for bail is allowed. The petitioner namely Ankit Tiwari shall be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten Thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Hooghly subject to condition that he shall appear before the learned trial Court on every date of hearing fixed by the learned trial Court and he shall not tamper with the evidence and intimidate the witnesses in any manner whatsoever. In the event the petitioner fails to appear before the learned trial Court on any date fixed for hearing without any justifiable reason, the learned trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court. The application for bail, being CRM (SB) 553 of 2025, is, thus, disposed of. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Suvra Ghosh, J.)