19. 18-08-2026 IN THE HIGH COURT AT CALCUTTA (ct. no.09) Circuit Bench at Jalpaiguri debajyoti Criminal Miscellaneous Jurisdiction (allowed) CRM (M) 263 of 2026 In re: An application for bail under Section 439 of the Code of Criminal Procedure/483 of the Bhartiya Nagarik Suraksha Sanhita in connection with Sitalkuchi Police Station Case No.516 of 2025 dated 15-10-2025 under Sections 329(3)/115(2)/117(2)/351(3)/103(1)/3(5) of the Bharatiya Nyaya Sanhita. - A n d - In the matter of : Bapi Barman .... Petitioner. Mr. Hillol Saha Podder, Adv. … For the Petitioner. Mr. Avrojyoti Das, learned APP, Mr. Gobinda Saha, Adv., Mr. Nigam Mittal, Adv. … For the State. 1. The learned counsel for the petitioner has submitted that the petitioner is in custody for about 307 days. Investigation is complete. There is no chance of an early conclusion of the trial since the charge is yet to be framed. Another accused is still absconding. The learned counsel has further submitted that the petitioner may be enlarged on bail on any condition. 2. The learned counsel for the State opposes the prayer for bail. According to him, there are sufficient incriminating materials against the present petitioner. There are two eyewitnesses who have stated before the learned Judicial Magistrate the manner of committing crime at the instance of the present petitioner. He is the principal accused. The bail prayer was rejected twice. The learned counsel for the State has also referred to a judgment reported in AIR 2021 Supreme Court 2071 (The State of Kerala Vs. Mahesh). He 2 has drawn of this Court to paragraph no.17 of the said judgment. 3. I have gone through the materials on record. It appears that the charge sheet has been submitted in the month of January, 2026. But till date, charge has not been framed. It also appears that one of the accused is still absconding and the concerned police has failed to apprehend the said accused and as a result of which, the case is being protracted. There is no chance of an early conclusion of the trial. However, under the Bharatiya Nagarik Suraksha Sanhita, there is provision for proceeding against the accused even though the other accused is absconding. The judgment as referred to above by the State mentions the factors to be borne in mind while considering the application for bail and they are: “(i) whether there is any prima facie or reasonable ground to believe that the accused had committed the offence; (ii) nature and gravity of the accusation; (iii) severity of the punishment in the event of conviction; (iv) danger of the accused absconding or fleeing, if released on bail; (v) character, behavior, means, position and standing of the accused; (vi) likelihood of the offence being repeated; (vii) reasonable apprehension of the witnesses being influenced; and (viii) danger, of course, of justice being thwarted by grant of bail.” 3 4. The Investigating Officer of this case has failed to produce any material regarding the criminal antecedent of the present petitioner including his character, behavior, means, position and standing of. There would be sufficient conditions so that the accused may not flee away from the clutches of justice. The nature of accusation also reveals that it may not be a case of murder, but it comes under Section 304 of the Indian Penal Code. 5. In view of the above, I am inclined to grant bail to the petitioner on the following conditions: a) The petitioner, namely, Bapi Barman, shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand), with two sureties of Rs.5000/- (Rupees Five Thousand) each, one of whom must be local, to the satisfaction of learned Additional Chief Judicial Magistrate, Mathabhanga. 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 intimidate or threaten the witnesses and/or tamper with evidence in any manner whatsoever and shall not commit any cognizable offence in any manner whatsoever and shall also give a personal undertaking that he shall not commit similar type of offence, as alleged, in future. d) The petitioner shall remain within the geographical limits of the district of Jalpaiguri, but shall not enter the jurisdiction of Sitalkuchi Police Station, except for the purpose of attending the court proceedings. The petitioner shall inform his current local address where he would be residing while on bail to the jurisdictional police station under whose jurisdiction he would be residing while on bail, Sitalkuchi Police Station and the learned trial Court and shall meet the Officer-in-Charge/Inspector-in-Charge 4 of the police station under whose jurisdiction he shall be residing while on bail, once in a month, until further orders. 6. In the event the petitioner fails to adhere to any of the conditions stipulated above, the trial Court shall be at liberty to cancel the bail in accordance with law. 7. The application for bail is, thus, allowed. 8. All parties shall act on the server copies of this order duly downloaded from the official website of this Court. 9. Criminal Section is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities. (Apurba Sinha Ray, J.)