22.07.2026 Serial no. 22 BP ( allowed) IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI CRM (M) No. 187 of 2026 In re: An application under Section 439 of the Code of Criminal Procedure, 1973 read with Section 483 of the Bharatiya Nagarik Suraksha Sanhita,2023 in connection with G.R. Case No. 2460 of 2011 arising out of Alipurduar Police Station Case No. 635 of 2011 dated 12.11.2011 under Section 341/354/326/307 of the Indian Penal Code, corresponding to Alipurduar Police Station Chargesheet No. 16 of 2012 dated 23.01.2012 under Section 341/354/326/307 of the Indian Penal Code. -And- In the matter of : Purna Oraon … … Petitioner Ms. Esha Acharya Ms. Ipsita Saha … … For the Petitioner Mr. Avrojyoti Das, Ld. APP Mr. Gobinda Ghosh Ms. Trishna Roy … …For the State 1. The bail prayer of the petitioner is taken up for consideration. 2. The petitioner was earlier granted bail in connection with this case in the year 2012. Thereafter the investigation of the case was concluded. Charges were framed and trial of the case being Sessions Case No. 208 of 2012 was started. The petitioner remained absent during the trial of the sessions case for which bail bond of the petitioner was 2 cancelled and warrant of arrest was issued against him. The petitioner was arrested on the strength of such warrant of arrest. 3. Learned advocate for the petitioner submits that the petitioner has been in custody for over three months. It is submitted that trial of the aforesaid sessions case has fairly advanced. Only three witnesses on behalf of prosecution are yet to be examined. The sessions case is related to an offence under Section 307 of the Indian Penal Code. Bail prayer of the petitioner was rejected by the learned jurisdictional court on the ground that due to his absence the trial of the case was obfuscated. The petitioner prays for bail. 4. Learned advocate for the State opposes the prayer of bail. 5. On the basis of submissions made on behalf of the parties, it transpires that apparently the petitioner was granted bail in connection with Sessions Case No. 208 of 2012 arising out of G.R. Case No. 2460 of 2011 relating to Alipurduar Police Station Case No. 635 of 2011. The petitioner misused the privilege of bail for which warrant of arrest was issued against him and he has been in custody for over three months for such misuse. Considering the period of custody undergone by the petitioner for misuse of the privilege of bail, the petitioner may be enlarged on bail. 3 6. Accordingly, I direct that the petitioner shall be released on bail upon furnishing a 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, Alipurduar, subject to condition that the petitioner shall appear before the learned trial court on every date of hearing until further orders and shall not intimidate witnesses and/or tamper with evidence in any manner whatsoever. 7. In the event, the petitioner fails to comply with the conditions as enshrined hereinbefore, it is open to the trial court to cancel the bail without further reference to this Court. 8. The prayer for bail of the petitioner is allowed. 9. CRM(M) 187 of 2026 is disposed of. (Md. Shabbar Rashidi, J.)