Rabi Biswas Vs State of West Bengal — Bail and Remand | Calcutta HC (2025)

Rabi Biswas Vs State of West Bengal — Bail and Remand | Calcutta HC (2025)

What the court decided

AI extract

Outcome

CRAN 1 of 2025 disposed of by modifying the bail order dated 4 March 2025: territorial restriction shifted from Pandua Police Station to Nishinda (Nischinda) Police Station jurisdiction except for court attendance; petitioner to furnish his present address to the IC/OIC of Kalna Police Station and the learned Trial Court and to meet the IC/OIC of Nishinda Police Station once a week until further orders.

Issue for consideration

Whether the bail condition restricting the petitioner to Pandua Police Station jurisdiction (with weekly reporting there) should be modified, given that the petitioner resides within Nischinda Police Station jurisdiction, District Howrah, has no connection with Pandua Police Station, and remained unreleased for inability to furnish the fresh address.

Court's answer

As the petitioner's residence falls within Nischinda Police Station jurisdiction (District Howrah) and the offence occurred within Kalna Police Station jurisdiction, the bail order dated 4 March 2025 is modified to the extent that the petitioner shall not leave the territorial jurisdiction of Nishinda police station except for the purpose of attending court proceedings.

Ratio / Principle

As part of the modified conditions, the petitioner shall furnish his present address to the Inspector-in-charge/Officer-in-charge of Kalna Police Station and to the learned Trial Court, and shall meet the Inspector-in-charge/Officer-in-charge of Nishinda Police Station once in a week until further orders.

Detailed headnote1 paragraphs

Criminal miscellaneous (Division Bench) — modification of bail conditions (order dated 03.07.2025, Dinesh Kumar Sharma, J.). Petitioner Rabi Biswas, named in Kalna P.S. Case No. 174 of 2018 dated 24.04.2018 under Sections 394/397 and 395/411 IPC and Sections 25/27 Arms Act, had been granted bail by Division Bench order dated 4 March 2025 subject to not leaving Pandua Police Station jurisdiction except for court attendance, furnishing his address to the IC/OIC of Kalna Police Station and the Trial Court, and meeting the IC/OIC of Pandua Police Station weekly. He remained unreleased as he could not furnish the fresh address, having no connection with Pandua Police Station; his residence falls within Nischinda Police Station jurisdiction, District Howrah, while the offence occurred within Kalna Police Station jurisdiction. Conditions modified: confinement substituted to Nishinda Police Station jurisdiction, present address to be furnished to the IC/OIC of Kalna Police Station and the Trial Court, and weekly meeting with the IC/OIC of Nishinda Police Station until further orders; CRAN 1 of 2025 disposed of.

03.07.2025 SL No.29 Sg

C.R.M. (DB) 589 of 2025 With CRAN 1 of 2025

In Re: - An application for bail under Section 439 of the Code of Criminal Procedure, 1973/ under Section 483 of the B.N.S.S., 2023, in connection with Kalna P.S. Case No. 174 of 2018 dated 24.04.2018 under Sections 394/397 of the Indian Penal Code and Sections 25/27 of the Arms Act, adding Sections 395/411 of the Indian Penal Code.

And

In the matter of: Rabi Biswas

….Petitioner

Mr. Sudip Ghosh Chowdhury (V.C.) Ms. S. Mitha Ms. Pritha Biswas

…for the petitioner

Mr. Tirupati Mukherjee

…for the State

1. Present petition has been moved for modification of bail order dated 4^th march, 2025 whereby the Hon’ble Division Bench of this Court directed the petitioner not to leave the territorial jurisdiction Pandua Police Station except for the purpose of attending Court proceedings. The petitioner was also directed to furnish his address to the Inspector-in-charge/ Officer-in-charge of Kalna Police Station as well as to the learned Trial Court and shall meet the Inspector-in-charge/ Officer-incharge, Pandua Police Station once in a week until further orders.

2. Learned counsel for the petitioner submits that the petitioner has no connection with the Pandua Police Station and

2

he is not been released despite the bail order As he is unable to furnish the fresh address. In-charge of police station has filed a report, let it be taken on record.

3. Petitioner residence falls within the jurisdiction of Police Station Nischinda, District Howrah. The alleged offence has taken place within the jurisdiction of police station of Kalna. 4. In the circumstances, the bail order is modified to the extent that the petitioner shall not leave the territorial jurisdiction of Nishinda police station except for the purpose of attending the court proceedings and shall furnish his present address to the Inspector-in-charge/Officer-in-charge of Kalna Police Station as well as to the learned Trial Court and shall also meet Inspector-in-charge/Officer-in-charge of Nishinda Police Station once in a week until further orders.

5. Accordingly, CRAN 1 of 2025 is disposed off.

(Dinesh Kumar Sharma, J.)