Byasdeb Rajowar Vs State of West Bengal — Murder and Culpable Homicide | Calcutta HC (2025)

Byasdeb Rajowar Vs State of West Bengal — Murder and Culpable Homicide | Calcutta HC (2025)

What the court decided

AI extract

Outcome

Prayer for bail allowed; petitioner Byasdeb Rajowar to be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each (one local) to the satisfaction of the learned Chief Judicial Magistrate, Krishnanagar, Nadia, subject to appearing before the trial Court on every date of hearing and not tampering with evidence or intimidating witnesses; trial court given liberty to cancel bail for unjustified non-appearance; case diary to be returned.

Issue for consideration

Whether the petitioner, who has been in custody for more than 200 days in connection with Kaliaganj Police Station Case No. 618 of 2024, should be released on bail.

Court's answer

The petitioner is not named in the FIR or in the statement recorded under Section 164 of the Code of Criminal Procedure.

Ratio / Principle

On the material on record, the petitioner appears to be the nephew of the principal accused, was seen with the principal accused by two witnesses on the date of incident, and the mobile phone was recovered from an open field after about one month of his arrest.

Key takeaways

Considering the material on record and the extent of the petitioner's complicity in the alleged crime, further detention of the petitioner is not required and he may be released on bail.ratio¶10
Bail granted on 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 Chief Judicial Magistrate, Krishnanagar, Nadia, conditional on the petitioner appearing before the trial Court on every date of hearing and not tampering with evidence or intimidating witnesses.ratio¶12

Detailed headnote1 paragraphs

Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 allowed (CRM (M) 91 of 2025, decided May 07, 2025, Suvra Ghosh, J.) in connection with Kaliaganj Police Station Case No. 618 of 2024 dated 24/7/2024 under Sections 103(1)/61(2) of the BNS. Petitioner Byasdeb Rajowar, in custody for over 200 days, was not named in the FIR or in the Section 164 Code of Criminal Procedure statement; he appears to be the nephew of the principal accused and was seen with the principal accused by two witnesses on the date of incident, and the mobile phone was recovered from an open field after about one month of his arrest. Finding the extent of complicity insufficient to require further detention, the Court directed release on a bond of Rs.10,000/- with two sureties of like amount each (one local) to the satisfaction of the Chief Judicial Magistrate, Krishnanagar, Nadia, conditioned on attendance at every hearing and abstention from tampering with evidence or intimidating witnesses, with liberty to the trial Court to cancel bail for unjustified non-appearance.

May 07, 2025 23 ARDR Allowed

CRM (M) 91 of 2025

In Re : An Application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Kaliaganj Police Station Case No. 618 of 2024 dated 24/7/2024 under Sections 103(1)/61(2) of the BNS.

And In Re : Byasdeb Rajowar ... Petitioner. Adv. Atis Kumar Biswar, Adv. Jyoti Agarwal ... for the petitioner. Adv. Sandip Chakraborty, Adv. Soumyadip Saha, ... for the State.

The petitioner is in custody for more than 200 days and renews his prayer for bail.

Learned counsel for the petitioner submits that the petitioner is not named in the FIR and there is no direct evidence connecting him to the offence besides the seizure of the mobile phone of the deceased which was recovered about a month after his arrest. According to learned counsel, mobile phone was recovered only for the purpose of implicating the petitioner.

Learned counsel for the State opposes the prayer and submits that witness action has commenced.

I have perused the material on record. The petitioner is not named in the FIR and the statement under Section 164 of the Code of Criminal Procedure. He appears to be the nephew of the principal accused and was seen with the principal accused by two witnesses on the date of incident. The mobile phone was recovered from an open field after about one month of his arrest.

2

Considering the material on record as well as the extent of complicity of the petitioner in the alleged crime, this Court is of the view that further detention of the petitioner is not required and he may be released on bail.

Accordingly, the prayer for bail is allowed.

The petitioner, namely Byasdeb Rajowar be released 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 Chief Judicial Magistrate, Krishnanagar, Nadia, subject to condition that he shall appear before the learned trial Court on every date of hearing. He shall not tamper with evidence or intimidate witnesses in any manner whatsoever.

In the event the petitioner fails to appear before the learned trial Court on any date without any justifiable cause, the learned trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

The application for bail is disposed of.

Case Diary be returned.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)