Gobinda Chakraborty @ Maharaj Gobinda Ballav Shastri @… — Bail and Remand | Calcutta HC (2025)

Gobinda Chakraborty @ Maharaj Gobinda Ballav Shastri @… — Bail and Remand | Calcutta HC (2025)

What the court decided

AI extract

Outcome

Prayer for bail allowed: petitioner to be released on bail on furnishing bond of Rs.10,000/- with two sureties of like amount each (one local) to the satisfaction of the learned Additional Chief Judicial Magistrate, Katwa, Purba Bardhaman, subject to conditions of attendance on every hearing date and non-intimidation of witnesses / non-tampering with evidence; liberty reserved to the trial court to cancel bail for unjustified absence; case diary to be returned; application disposed of.

Issue for consideration

Whether further detention of the petitioner is required or he may be released on bail in connection with Mongalkoat P.S. Case No. 178 of 2024, given that the charge sheet has been submitted, he has been in custody for about 163 days, and he is already on bail in another complaint.

Court's answer

Considering the material on record, the submission of the charge sheet and the period of detention of the petitioner (about 163 days), further detention of the petitioner is not required and he may be released on bail.

Ratio / Principle

The petitioner is to be released on 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, Katwa, Purba Bardhaman, subject to conditions that he shall appear before the trial court on every date of hearing and shall not intimidate witnesses or tamper with evidence.

Key takeaways

If the petitioner fails to appear before the learned trial Court on any date fixed without justifiable cause, the trial court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.ratio¶¶20

Detailed headnote1 paragraphs

Criminal miscellaneous (DB) application C.R.M. (DB) 412 of 2025 for bail under Section 483 of the BNSS, 2023 in connection with Mongalkoat P.S. Case No. 178 of 2024 dated 20.07.2024 registered under Sections 376/417/504/506/34 IPC. Petitioner Gobinda Chakraborty @ Maharaj Gobinda Ballav Shastri @ Govinda Chakarwarti had been in custody about 163 days; charge sheet submitted; petitioner already on bail in another complaint; State opposed citing criminal antecedents apparent from the victim's Section 164 CrPC statement; petitioner's counsel asserted a long-standing consensual relationship turned sour; none appeared for the de facto complainant. On 03.04.2025 Suvra Ghosh, J. held further detention unnecessary and allowed bail on a bond of Rs.10,000/- (Rupees Ten Thousand only) with two sureties of like amount each, one local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Katwa, Purba Bardhaman, conditioned on appearance before the trial court on every hearing date and non-intimidation of witnesses / non-tampering with evidence; trial court given liberty to cancel bail for unjustified absence without reference to this Court; case diary ordered returned and the application disposed of.

12 03.04.2025 Ct.No.34 b.das Allowed

C.R.M. (DB) 412 of 2025

In Re : An application for bail under Section 483 of the BNSS, 2023 filed in connection with Mongalkoat P.S. Case No. 178 of 2024 dated 20.07.2024 under Sections 376/417/504/506/34 of IPC.

And

In Re : Gobinda Chakraborty @ Maharaj Gobinda Ballav Shastri @ Govinda Chakarwarti

... Petitioner.

Mr. Abhra Mukherjee Ms. Pompey Bose Mr. S. Dutta Mr. A. Mukherjee Mr. H. Ghosh ... for the Petitioner.

Mr. Sandip Chakarborty Mr. Atanu Ghosh ... For the State.

The petitioner is in custody for about 163 days.

Learned counsel for the petitioner submits that there was a long standing consensual relationship between the petitioner and the private opposite party and the present complaint has been lodged upon relationship having turned sour. Charge sheet has been submitted. Further detention of the petitioner is not required.

Learned counsel for the State produces the case diary and opposes the prayer.

Learned counsel submits that that the petitioner has criminal antecedents to his credit as appears from the statement of the victim recorded under Section 164 of the Code of Criminal Procedure.

None appears for the de facto complainant.

2

I have considered the material on record. Charge sheet has been submitted. The petitioner is on bail in connection with the other complaint lodged against him.

Considering the material available before me as well as period of detention of the petitioner, this Court is of the view that further detention of the petitioner is not required and he may be released on bail.

The prayer for bail is allowed.

The petitioner, Gobinda Chakraborty @ Maharaj Gobinda

Ballav Shastri @ Govinda Chakarwarti 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 Additional Chief Judicial Magistrate, Katwa, Purba Bardhaman subject to condition that the petitioner shall appear before the learned trial Court on every date of hearing fixed by the learned trial Court and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

If the petitioner fails to appear before the learned trial Court on any date fixed before it 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.

The application for bail, being CRM (DB) 412 of 2025, is, thus, 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.

3

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

(Suvra Ghosh, J.)