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2026 DAILYLAW 27239 (CAL)

NITESH KUNWAR v. THE STATE OF WEST BENGAL

CRM(M)/174/2026 · 2026-07-08

Amrita Sinha

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

08.07.2026 Sl. No.49 Court No.7 SD (Allowed) CALCUTTA HIGH COURT IN THE CIRCUIT BENCH AT JALPAIGURI CRIMINAL MISCELLANEOUS JURISDICTION CRM (M) 174 of 2026 In Re: An application for bail under Section 483 of the Bharatiya Nagrik Suraksha Sanhita, 2023 filed in connection with Bagdogra Police Case No.05 of 2026 dated 03.01.2026 under Sections 103(1)/3(5) of the BNS, 2023. In Re : Nitesh Kunwar … Petitioner Mr. Subham Ghosh Mr. Mayank Roy … for the Petitioner. Ms. Panchali Deb Sikder (Nag) Mr. Debabrata Rai … for the State. 1. The petitioner is in custody for 174 days. 2. It has been submitted by the learned advocate for the petitioner that out of the four charge sheeted accused, two have been granted bail by the learned trial court. The allegation against all the accused is the same. Charge sheet has been filed after completion of investigation. At this stage, there is no requirement of any custodial interrogation. The trial will take some time to conclude. Prayer has been made for grant of bail. 3. Learned advocate for the State opposes the prayer for bail. 4. It has been submitted that the petitioner is one of the prime accused. 5. On a perusal of the records placed before this Court, it appears that the allegations made against the accused are 2 all similar in nature. The investigation of the case is over and charge sheet has also been filed. It is true that it will take some time to conclude the trial. 6. In view of the fact that charge sheet has already been filed in the instant case and further custodial interrogation of the petitioner may not be required, I am of the opinion that further detention of the petitioner is unwarranted. 7. The petitioner, namely, Nitesh Kunwar is released on bail of Rs.20,000/- (rupees twenty thousand only) with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Siliguri subject to the condition that: (a) The petitioner shall appear before the learned Trial Court on every date of hearing until further order. (b) The petitioner shall report to the I.O. once in a week or as and when called for. (c) The petitioner shall not threaten, tamper or intimidate the complainant or members of the family in any manner whatsoever or commit similar offence in future. (d) The petitioner shall furnish the address where he is currently residing before the learned trial court and he shall not leave the jurisdiction of the concerned Police Station without taking the leave of the Court or until further order. 8. In case the petitioner violates any of the above conditions, the learned trial court shall be at liberty to cancel his bail without further reference to this Court. 3 9. CRM (M) 174 of 2026 is allowed. 10. The case diary is returned. 11. Parties to act on the basis of the server copy of this order duly downloaded from the official website of this Court. 12. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities. (Amrita Sinha, J.)