Sanjay Chakraborty Vs the State of West Bengal — Bail and Remand | Calcutta HC (2025)

Sanjay Chakraborty Vs the State of West Bengal — Bail and Remand | Calcutta HC (2025)

What the court decided

AI extract

Outcome

Petitioner released on bail upon furnishing bond of Rs.10,000/- with two sureties of like amount each (one local), to the satisfaction of the learned Chief Judicial Magistrate, Calcutta, conditional on remaining outside Jorabagan P.S. jurisdiction, furnishing his residential address to the trial Court, investigating officer and concerned Officer-in-Charge, appearing on every hearing date, and not intimidating witnesses or tampering with evidence; case diary to be returned.

Issue for consideration

Whether the petitioner, in custody for about 148 days with the charge sheet submitted, should be released on bail in connection with Jorabagan P.S. Case No. 205 of 2024. +1 more

Court's answer

With the victim discharged from hospital and the charge sheet submitted, further detention of the petitioner is not required and he may be granted bail on stringent conditions.

Ratio / Principle

The petitioner's health condition is stable and he is being taken care of at the correctional home; therefore, grant of bail on medical grounds is not required.

Key takeaways

Bail granted subject to stringent conditions (bond of Rs.10,000/- with two like sureties, one local; residence outside Jorabagan P.S. jurisdiction; disclosure of residential address; attendance on every hearing date; non-intimidation of witnesses and non-tampering with evidence), and the learned trial Court shall be at liberty to cancel bail for breach without justifiable cause without further reference to this Court.ratio¶14

Detailed headnote1 paragraphs

Bail granted under Section 483 of the BNSS, 2023 in connection with Jorabagan P.S. Case No. 205 of 2024 dated 24.11.2024 (Sections 109(1)/118(2)/3(5) of BNS, 2023). Bail on medical grounds found unnecessary, the petitioner's health being stable at the correctional home; with the victim discharged from hospital and the charge sheet submitted, further detention of the petitioner (about 148 days in custody) held unnecessary notwithstanding the underlying dispute with the victim. Released on bond of Rs.10,000/- with two sureties of like amount (one local), conditioned on residing outside Jorabagan P.S. jurisdiction, disclosing his place of residence, attending every hearing and refraining from witness intimidation or tampering with evidence; trial court empowered to cancel bail on breach without further reference to this Court. Order of Suvra Ghosh, J., dated 22.04.2025.

17 22.04.2025 Ct.No.34 b.das Allowed

C.R.M. (DB) 704 of 2025

In Re : An application for bail under Section 483 of the BNSS, 2023 filed in connection with Jorabagan P.S. Case No. 205 of 2024 dated 24.11.2024 under Sections 109(1)/118(2)/3(5) of BNS, 2023.

And In Re : Sanjay Chakraborty ... Petitioner. Mr. Soumik Ganguly Mr. Sunny Nandy Mr. Purnendu Maity Ms. R. Das ... for the Petitioner. Ms. Manisha Sharma Ms. Poulami Bose ... For the State.

Report submitted by the State is taken on record. It appears that the health condition of the petitioner is stable and he is being taken care of at the correctional home. Therefore, granting of bail to the petitioner on medical grounds may not be required.

The petitioner is in custody for about 148 days and prays for bail.

Learned counsel for the petitioner submits that no specific overt act has been attributed to the petitioner by the victim or the witnesses. Charge sheet has been submitted. He may be granted bail on any stringent condition.

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

I have considered the material on record. There appears to be a long standing dispute between the petitioner

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and the victim which resulted in the alleged incident. The victim has been discharged from the hospital. Charge sheet has been submitted. Further detention of the petitioner is not required and he may be granted bail on stringent condition.

Accordingly, prayer for bail is allowed.

The petitioner, namely, Sanjay Chakraborty 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, Calcutta, subject to condition that he shall remain outside the jurisdiction of Jorabagan P.S. and shall furnish the address where he shall henceforth reside before the learned trial Court, investigating officer and the Officer in charge of the concerned P.S under whose jurisdiction he shall presently reside. 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.

In the event the petitioner fails to adhere to any of the conditions as stated 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.

The application for bail 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.

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

(Suvra Ghosh, J.)