Raja Sur Roy Vs the State of West Bengal — Bail and Remand | Calcutta HC (2025)

Raja Sur Roy Vs the State of West Bengal — Bail and Remand | Calcutta HC (2025)

What the court decided

AI extract

Outcome

Bail prayer allowed: petitioner released on bail upon bond of Rs.10,000/- with two sureties of like amount each (one local), to the satisfaction of the learned Additional Chief Judicial Magistrate, Tufanganj, subject to conditions of attending the trial Court on every hearing date, not leaving the ACJM Tufanganj jurisdiction, and not intimidating witnesses or tampering with evidence; breach without justifiable cause permits the trial Court to cancel bail; CRM(M)/166/2025 disposed of.

Issue for consideration

Whether the petitioner, an accused under Sections 323/324/325/307/34 IPC in Boxirhat Police Station Case No. 235 of 2023 who has been in custody for 102 days with investigation concluded in a charge-sheet, should be released on bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Court's answer

On review of the Case Diary materials and the injury report, none of the injuries have been classified as grievous.

Ratio / Principle

The petitioner is granted bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Tufanganj.

Key takeaways

Condition of bail: the petitioner shall attend the learned trial Court on every date of hearing and shall not leave the jurisdiction of the learned Additional Chief Judicial Magistrate, Tufanganj.ratio¶14
Condition of bail: the petitioner shall not intimidate witnesses or tamper with evidence in any manner whatsoever.ratio¶14
If the petitioner fails to comply with any bail condition without justifiable cause, the learned trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

Detailed headnote1 paragraphs

BAIL UNDER SECTION 483 BNSS, 2023 GRANTED — Accused in Boxirhat Police Station Case No. 235 of 2023 (dated 11/6/2023) under Sections 323/324/325/307/34 IPC, in custody for 102 days, with investigation already ended in charge-sheet, and with two accused persons including the principal accused already bailed by the learned Jurisdictional Court, is granted bail by the High Court at Calcutta (Circuit Bench at Jalpaiguri) upon furnishing bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Tufanganj. Deciding factor: per the injury report in the Case Diary, none of the injuries have been classified as grievous. Conditions: attendance at the trial Court on every date of hearing; no departure from the ACJM Tufanganj jurisdiction; no intimidation of witnesses or tampering with evidence; failure to comply without justifiable cause entitles the trial Court to cancel bail in accordance with law without further reference to this Court. Judgment by Md. Shabbar Rashidi, J., dated 08.07.2025; CRM(M)/166/2025 disposed of.

08.07.2025 Sl. No. 5 Court No.3 Arsad,(ARCR)

IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI CRIMINAL MISCELLANEOUS JURISDICTION

In Re: In Re : An Application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Boxirhat Police Station Case No. 235 of 2023 dated 11/6/2023 under Sections 323/324/325/307/34 of the Indian Penal Code.

CRM(M)/166/2025

In the matter of: RAJA SUR ROY

Mr. Sudip Guha,

… for the petitioner.

Mr. Aditi Shankar Chakraborty, Ld. APP. Mr. Aniruddha Biswas, …. For the state.

The petitioner is an accused in a case, inter alia, under Section 323/324/325/307/34 of Indian Penal Code. It has been submitted that the petitioner has been in custody for 102 days. Investigation of the case has already ended in charge sheet under the aforesaid Sections. It is further submitted that the two accused persons including the principal accused have been granted bail by the learned Jurisdictional Court.

Learned advocate for the State relies upon the materials in the case Diary including the injury report.

Having gone through the materials in the Case Diary as well as the injury report, none of the injuries have been classified as grievous.

In such facts and circumstances, I am inclined to grant the petitioner on bail upon furnishing bond of Rs.10,000/- (Rupees Ten Thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Tufanganj, subject to condition that he shall attend the

2

learned trial Court on every date of hearing and shall not leave the jurisdiction of learned Additional Chief Judicial Magistrate, Tufanganj. The petitioner shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event the petitioner fails to comply with any of the conditions as mentioned above without justifiable cause, the learned trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

Bail prayer of the petitioner is allowed.

CRM(M)/166/2025 is accordingly disposed of.

(MD. SHABBAR RASHIDI, J.)