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2026 DAILYLAW 31933 (CAL)

RUBEN NAG v. STATE OF WEST BENGAL

CRM(M)/474/2026 · 2026-08-01

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

01.08.2026 IN THE HIGH COURT AT CALCUTTA Item No.280 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc. Allowed C.R.M. (M) 474 of 2026 In Re : An Application for bail under Section 439 of the Code of Criminal Procedure, 1973 corresponding to Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Kharagpur (Local) Police Station Case No. 309 of 2023 dated 14.03.2023 under Section 307 of the Indian Penal Code and Sections 25/27 of the Arms Act, 1959 and charge-sheet submitted under Sections 394/397/302/411/34 of the Indian Penal Code and Section 27 of the Arms Act (G.R. Case No. 1027 of 2023). And In Re : Ruben Nag ... Petitioner. Mr. Soumyajit Das Mahapatra, Ms. Madhurai Sinha, Ms. Upasana Banerjee, Mr. Bisal Roy ... For the Petitioner. Mr. Somnath Adhikary ... For the State. Learned advocate appearing for the petitioner submits that the petitioner is in custody for 2 years 11 months and prosecution has relied upon 24 witnesses in the charge- sheet, but till date, no witness has been examined. Learned advocate appearing for the State, on the other hand, opposes the prayer for bail and submits that there are antecedents of the present petitioner. It has been informed that petitioner is on bail in respect of the two incidents. I have taken into account the materials appearing in the case diary which relate to the petitioner with the alleged crime and the same is in respect of Tab which has been seized from the present petitioner. The said seizure was 2 carried out almost five months after the incident and the documents relating to ownership of the Tab is wanting. Having considered that the petitioner is in custody for about three years and there is no possibility of the trial concluding in near future, I am of the opinion that further detention of the present petitioner in connection with the instant case is unwarranted. As such, the prayer for bail of the petitioner is allowed. Accordingly, the petitioner viz., Ruben Nag shall be released on bail upon furnishing bond of Rs.20,000/-, with two sureties of Rs.10,000/- each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Paschim Medinipur. If on bail, the petitioner shall be physically present on each and every date before the learned Trial Court and shall not leave the jurisdiction of the district of Paschim Medinipur without prior permission of the learned Trial Court. Additionally, the petitioner shall meet with the Officer- in-Charge, Kharagpur Local Police Station or any officer deputed by the said Officer-in-Charge for the next six months. It would be the discretion of the learned Trial Court either to extend such condition or waive such condition as it deems fit and proper. Report submitted by the learned advocate appearing for the State be kept with the record. Mr. Somnath Adhikary, learned advocate, who ordinarily appears for the State, is directed to appear on 3 behalf of the State. His appointment may be regularised by the concerned authorities. The application for bail, being CRM (M) 474 of 2026, is, thus, disposed of. All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Tirthankar Ghosh, J.)