Bijoy Bauri Vs State of West Bengal — Bail and Remand | Calcutta HC (2026)

Bijoy Bauri Vs State of West Bengal — Bail and Remand | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Petitioner Bijoy Bauri released on bail upon furnishing bond of Rs. 20,000/- with two sureties of Rs. 10,000 each (one local) to the satisfaction of the learned Chief Judicial Magistrate, Bardhaman Court, Purba Bardhaman, subject to conditions of physical presence on every trial date and no departure from the district of Purba Bardhaman without prior permission of the Court.

Issue for consideration

Whether the petitioner Bijoy Bauri, in custody for seven months in Madhabdihi Police Station case no. 192 of 2025 (Ss.137(2)/140(3)/107 BNS 2023) with investigation concluded, charge-sheet submitted and charges framed, should be released on bail under S.439 CrPC / S.483 BNSS.

Court's answer

Having regard to the statements of affected parties under S.183 BNSS and the overall circumstances (custody of seven months, completed investigation, charge-sheet filed, charges framed), further detention of the petitioner was held unwarranted and the prayer for bail was allowed.

Ratio / Principle

Release ordered 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 Chief Judicial Magistrate, Bardhaman Court, Purba Bardhaman.

Key takeaways

Condition imposed that while on bail the petitioner shall be physically present before the learned trial court seized of the case on each and every date.ratio¶13
Condition imposed that while on bail the petitioner shall not leave the jurisdiction of the district of Purba Bardhaman without the prior permission of the learned Court.ratio¶13

Detailed headnote1 paragraphs

Bail granted — CRM (M) 2699 of 2025 — application under S.439 CrPC / S.483 BNSS 2023 by Bijoy Bauri in Madhabdihi Police Station case no. 192 of 2025 dated 19.07.2025 (Ss.137(2)/140(3)/107, Bharatiya Nyaya Sanhita, 2023) — petitioner in custody seven months, investigation concluded, charge-sheet submitted, charges framed; State opposed and produced Case Diary — Court, considering statements of affected parties under S.183 BNSS and overall circumstances, held further detention unwarranted and allowed bail — release on bond of Rs. 20,000/- with two sureties of Rs. 10,000 each, one surety local, to satisfaction of learned CJM, Bardhaman Court, Purba Bardhaman — conditions: physical presence before trial court on every date and no exit from Purba Bardhaman district without prior permission — (Tirthankar Ghosh, J.), order dated 19.02.2026.

19.02.2026 Court No.35. M/L.294 Rakib (Allowed)

CRM (M) 2699 of 2025

In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Madhabdihi Police Station case no. 192 of 2025 dated 19.07.2025 under Sections 137(2)/140(3)/107 of the Bharatiya Nyaya Sanhita, 2023.

And

In the matter of : Bijoy Bauri

……Petitioner. Mr. Debasish Ghosh Mr. Nilanjan Adhikari ……for the Petitioner. Mr. Bibaswan Bhattacharyya Ms. Puja Goswami ……for the State.

Learned advocate appearing for the petitioner submits that petitioner is in custody for seven months, the investigation of the case has been concluded, charge-sheet has been submitted and charges have been framed.

Learned advocate for the State opposes the prayer for bail and produces the Case Diary.

I have taken into account the statements of the affected parties under Section 183 of the BNSS. Having considered the overall circumstances, I am of the view that further detention of the present petitioner is unwarranted. As such, the prayer for bail of the petitioner is allowed.

Accordingly, petitioner namely, Bijoy Bauri shall be released on bail upon furnishing bond of Rs. 20,000/- (Rupees Twenty Thousand only), with two sureties of Rs. 10,000 (Rupees Ten

2

Thousand only) each, one of whom must be local to the satisfaction of the learned Chief Judicial Magistrate, Bardhaman Court, Purba Bardhaman.

If on bail, the petitioner shall be physically present on each and every date before the learned trial Court in seisin of the case and shall not leave the jurisdiction of district of Purba Bardhaman without the prior permission of the learned Court.

Accordingly, the prayer for bail in CRM (NDPS) 2699 of 2025 is allowed.

All parties shall act in terms of server copy of the order 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 with all requisite formalities.

(Tirthankar Ghosh, J.)