23.09.2026 IN THE HIGH COURT AT CALCUTTA Item No.65 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc. Allowed C.R.M. (M) 1840 of 2026 In Re : An Application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Kaliyaganj Police Station Case No. 498 of 2024 dated 29.11.2024 under Sections 115(2)/118(2)/109(1)/74/351(2)/3(5) adding Section 103(1) of the Bharatiya Nyaya Sanhita, 2023 (G.R. Case No. 2662 of 2024). And In Re : Dhulen Roy ... Petitioner. Ms. Sudeshna Maji, Mr. Soumya Kanjilal ... For the Petitioner. Mr. Amajit De, Mr. Ayon Shubhra Bandyopadhyay ... For the State. Mr. Rishav Kumar Singh, Mr. Soumalya Dutta ... For the de facto complainant. Learned advocate appearing for the petitioner submits that the petitioner is in custody for 545 days. The prosecution has already submitted charge-sheet, charges have been framed and the evidence of PW-1 is in progress. Learned advocate appearing for the State opposes the prayer for bail as earlier, persons who were on similar situations, their prayer for bail have been rejected. It has also been contended that the injured was severely assaulted by the petitioner and other accused persons which resulted in his death. Learned advocate appearing for the de facto complainant opposes the prayer for bail and submits that 2 there are specific accusations against the accused persons particularly with regard to the manner in which they committed the offence. It has been submitted that there is every possibility of the trial being jeopardized, if any accused is granted bail in the present case. I have taken into account the genesis of the dispute which arose because of a land dispute between two groups of neighbouring family as also the statement under Section 183 of the BNSS of one Purnima Saha who has narrated the incident as an eyewitness. The petitioner’s name is surfacing with reference to the assault being inflicted upon the complainant. There were other persons also who have assaulted which included the son of the lady who made the statement and amongst others the son of the present lady expired at the hospital. State was specifically asked whether any offending weapon was recovered pursuant to any leading statement of the present petitioner. To that effect, it has been submitted on behalf of the State that the offending weapon was recovered from one Sushil Roy. The said accused is in custody. Having regard to the fact that the petitioner is in custody for 545 days, the genesis of the dispute was over land and there is no criminal antecedent of the present petitioner and further the overt acts referred to in the case diary is of limited nature, I am of the opinion that further detention of the present petitioner in connection with the 3 instant case is unwarranted. As such, the prayer for bail of the petitioner is allowed. Accordingly, the petitioner viz., Dhulen Roy 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, Uttar Dinajpur at Raiganj. 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 Uttar Dinajpur without prior permission of the learned Trial Court. Additionally, the petitioner shall stay outside the jurisdiction of Kaliyaganj Police Station and make himself available once in a fortnight before the local police station where he would be residing. On each and every date before the learned Trial Court, the previous attendance of the petitioner before the local police station be submitted. In case there is violation of any condition, the court in seisin of the present case would be at liberty to cancel the bail of the petitioner without further reference to this Court. Memo of Evidence submitted by the learned advocate appearing for the State be kept with the record. The application for bail, being CRM (M) 1840 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. 4 Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Tirthankar Ghosh, J.)