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2026 DAILYLAW 34716 (CAL)

CHANDRA BHUIYA AND ANR v. THE STATE OF WEST BENGAL

CRM(M)/277/2026 · 2026-08-19

Apurba Sinha Ray

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

16. 19-08-2026 IN THE HIGH COURT AT CALCUTTA (ct. no.09) Circuit Bench at Jalpaiguri debajyoti Criminal Miscellaneous Jurisdiction (allowed) CRM (M) 277 of 2026 In re: An application for bail under Section 439 of the Code of Criminal Procedure/483 of the Bharatiya Nagarik Suraksha Sanhita in connection with Pundibari Police Station Case No.217 of 2026 dated 31-03-2026 under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita. - A n d - In the matter of : Chandra Bhuiya & Anr. .... Petitioners. Ms. Suman Sehanabis, Adv., Mr. Salok Sah, Adv., Ms. Anwesha Chakraborty, Adv., Ms. Maparna Barman, Adv. … For the Petitioners. Mr. Avrojyoti Das, learned APP, Mr. Debanjan Das, Adv., Mr. Sanjib Kumar Deb, Adv. … For the State. 1. The learned counsel for the petitioners has submitted that the petitioners are in custody for about 141 days. Investigation is complete. The son of the petitioner no.1 was also killed due to the relevant dispute from the side of the defacto complainant. However, as the investigation is complete, there is no need for further custodial detention of the petitioners. 2. The learned counsel for the State opposes the prayer for bail vehemently. According to him, it is a very serious offence and there are sufficient incriminating materials against the present petitioners. Their prayer for bail should be rejected. 2 3. I have gone through the materials on record. It appears that the petitioners are in custody for about 141 days. Investigation is complete. Charge sheet has been submitted. It is also found from the materials on record that the son of the petitioner no.1 was also allegedly killed by some persons. In view of the fact that investigation is complete, I find that there is no reason to keep the petitioners in custody any further. 4. Accordingly, I am inclined to grant bail to the petitioners on the following conditions: a) The petitioners, namely, Chandra Bhuiya and Sajal Bhuiya, shall be released on bail upon furnishing bonds of Rs.10,000/- (Rupees Ten Thousand) each, with two sureties of Rs.5000/- (Rupees Five Thousand) each, one of whom must be local, to the satisfaction of learned Chief Judicial Magistrate, Cooch Behar. b) The petitioners 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 petitioners 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 petitioners shall remain within the jurisdiction of Pundibari Police Station, except for the purpose of attending the court proceedings and shall meet the Inspector-in-Charge/Officer-in-Charge of Pundibari Police Station once in every week, until further orders. 5. In the event the petitioners fail to adhere to any of the conditions stipulated above, the trial Court shall be at liberty to cancel the bail in accordance with law. 3 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. 8. 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.)