09 17.08.2026 Court No.09. (S.Mandi) IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI APPELLATE SIDE CRM(M)/254/2026 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure, 1973/Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Khoribari Police Station Case No. 214 of 2025 dated 29.07.2025 under Sections 103/2038/3(5) of Bharatiya Nyaya Sanhita. - And - In the matter of: - SUJOY ROY ..…petitioner. Mr. Uday Shankar Chatterjee Ms. Susmita Ghosh Mr. Subhrajyoti Chatterjee Mr. Mahesh Kumar Prasad …for the petitioner. Mr. Janardan Periwal, Ld. APP Mr. Kallal Ghosh, Mr. Supritam Nag ….for the State 1. Learned Counsel for the petitioner has submitted that the petitioner is in custody for about one year. Investigation is complete and further one of the co-accused has been granted bail by this Court on 30.07.2026 and the present petitioner is standing on the same footing. The petitioner may be enlarged on bail on any condition. 2. Learned Counsel for the State opposes the prayer for bail. According to him, there is sufficient incriminating evidence. However, the order dated 30.07.2026 passed in CRM(M) 193 of 2026 does not show that the petitioner was seen last together with 2 the victim and further there was some recovery on the leading statement on the present petitioner. 3. I have gone through the materials on record. It appears that investigation has been completed. Charge has already been framed and there are 26 witnesses as per charge sheet. There is no chance of an early conclusion of the trail. Moreover, the case is based on the circumstantial evidence. There was no direct eye witness who saw the present petitioner to commit the crime. In view of the above, I am inclined to allow the prayer for bail of the petitioner on conditions. 4. Accordingly, the prayer of the petitioners for bail is allowed on the following conditions:- a) The petitioner, namely, Sujoy Roy, shall be released on bail upon furnishing bonds of Rs.10,000/- (Rupees Ten Thousand) each, with two sureties of Rs.5,000/- (Rupees Five Thousand) each, one of whom must be local, to the satisfaction of Learned Additional Sessions Judge, 2nd Court, Siliguri. He shall remain within Kharibari Police Station jurisdiction excepting for the purposes of Court proceedings, and shall meet the I/C, Kharibari Police Station once in a week until further order. b) The petitioner shall appear before the learned Trial Court on each and every date of hearing and/or as and when to be directed by the Court. c) The petitioner shall not intimate or threaten the witnesses and/or tamper with evidence in any manner whatsoever and 3 shall not commit any cognizable offence in any manner whatsoever. 5. In the event, the petitioner fails to appear before the Trial Court without any justifiable cause, the Trial Court shall be at liberty to cancel the bail in accordance with law without further reference to this Court. 6. The application for bail is, thus, allowed. 7. All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Apurba Sinha Ray, J.)