Biswajit Jana @ Raj Vs State of West Bengal and Anr. — Calcutta HC (2026) — LawSathi Research

Biswajit Jana @ Raj Vs State of West Bengal and Anr. — Calcutta HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioner Biswajit Jana @ Raj to be released on bail on furnishing a bond of Rs. 20,000/- with two sureties of Rs. 10,000/- each (one of whom must be local) to the satisfaction of the learned ACJM, Haldia, Purba Medinipur, subject to conditions: (i) physical presence on each and every date fixed before the learned court; (ii) not to leave the district of Purba Midinipur without prior permission of the court; and (iii) to meet the Officer-in-Charge/Inspector-in-Charge of Sutahata Police Station once a week till the stage of consideration of charges is over.

Issue for consideration

Whether the petitioner, Biswajit Jana @ Raj, in custody for 81 days with charge-sheet submitted, should be released on bail under Section 483 of the BNSS in connection with Sutahata Police Station Case No. 341 of 2025 under Sections 69/329(4)/351(2) of the Bharatiya Nyaya Sanhita, 2023.

Court's answer

On an assessment of the overall materials in the case diary, including the victim's statement under Section 183 BNSS, the Court held that both the parties were major and were able to understand the consequences of their act.

Ratio / Principle

Since the charge-sheet has been submitted, further detention of the petitioner is unwarranted and the prayer for bail is allowed.

Detailed headnote1 paragraphs

Bail under S.483 BNSS, 2023 — Sutahata P.S. Case No.341 of 2025, ss.69/329(4)/351(2) BNS, 2023 — petitioner in custody 81 days, charge-sheet submitted — Court, on the case diary and the victim's statement under S.183 BNSS, held both parties major and able to understand the consequences of their act — further detention unwarranted — bail granted on bond of Rs.20,000/- with two sureties of Rs.10,000/- each (one local) to the satisfaction of the learned ACJM, Haldia, Purba Medinipur — conditions: presence on every date fixed, no departure from the district without prior permission, and weekly reporting to the OC/IC of Sutahata Police Station till consideration of charges is over.

D/L53

C.R.M. (M) 170 of 2026

23.02.2026

Bpg. In Re: An application for bail under Section 483 of the Bhartiya Nagarik Allowed Suraksha Sanhita, 2023 filed in connection with Sutahata Police Station Case No.341 of 2025 dated 19.10.2025 under Sections 69/329(4)/351(2) of the Bharatiya Nyaya Sanhita, 2023;

Biswajit Jana @ Raj Versus

The State of West Bengal & Anr.

Mr. Soumya Nag Ms. Namrata Chatterjee. …for the petitioner.

Ms. Sonali Das

Mr. Rahul Ganguly. …for the State.

Ms. Sumita Sarkar.

…for the de facto complainant.

Learned advocate appearing for the petitioner submits

that the petitioner is in custody for 81 days and charge-sheet has already been submitted.

Learned advocate for the State has produced the case

diary.

Learned advocate for the de facto complainant opposes the prayer for bail.

I have taken into account the statement of the victim under Section 183 of the BNSS. On an assessment of the overall materials appearing in the case diary, I am of the view that both the parties were major and were able to understand the consequences of their act. Having taken the same into account, I am of the view that since charge-sheet has been submitted, further detention of the

2

petitioner is unwarranted. As such, the prayer for bail of the petitioner is allowed. The petitioner, namely, Biswajit Jana @ Raj shall be released on bail upon furnishing bond of Rs.20,000/(Rupees Twenty Thousand only) with two sureties of Rs.10,000/each, one of whom must be local to the satisfaction of the learned ACJM, Haldia, Purba Medinipur. If on bail, the petitioner shall be physically present on each and every date fixed before the learned court and shall not leave the district of Purba Midinipur without the prior permission of the court. Additionally, the petitioner shall meet with the Officer-in-Charge/Inspector-in-Charge of Sutahat Police Station once in a week till the stage of consideration of charges are over.

Accordingly, CRM(M) 170 of 2026 is allowed.

Report submitted by the State be kept with the record.

All parties shall act on the server copy of this order duly

downloaded from the official website of this Court.

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

(Tirthankar Ghosh, J.)