Calcutta High Court (Appellete Side)
Sections 25(1)(A)/27 Of The Arms Act vs In Re : Provas Sardar on 1 May, 2025
Author: Suvra Ghosh
Bench: Suvra Ghosh
01.05.2025
Item No.33
Ct.No.34
rc.
Allowed
C.R.M. (DB) 865 of 2025
In Re : An Application for bail under Section 439 of the Code
of Criminal Procedure read with Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 in connection with Basanti
Police Station Case No. 754 of 2017 dated 29.09.2017 under
Sections 447/326/307/302/34 of the Indian Penal Code and
Sections 25(1)(a)/27 of the Arms Act.
And
In Re : Provas Sardar
... Petitioner
Mr. Ayan Basu
Sk. Salim
Mr. Sumit Routh ... for the Petitioner
Mr. Suman De
Mr. Ratul Ghosh ... For the State
Heard learned counsels for the parties.
The petitioner seeks parity with the co-accused who
have been granted bail earlier. The petitioner is in custody
for more than seven years. Out of twenty- nine witnesses ten
witnesses have been examined so far. The petitioner seeks
bail solely on the ground of his detention.
Learned counsel for the State opposes the prayer.
The petitioner appears to be similarly circumstanced
with the co-accused who are on bail in so far as his period of
detention is concerned. Chances of completion of trial in
near future is bleak.
The petitioner is entitled to the same benefit as
granted to the co-accused.
2
Accordingly, prayer for bail of the petitioner is allowed.
The petitioner Provas Sardar, 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, Alipore subject to condition that the petitioner
shall remain outside the jurisdiction of the Basanti Police
Station and shall furnish the address where he shall
presently reside before the learned trial Court, Investigating
Officer and the Officer-in-Charge of the concerned police
station under whose jurisdiction he shall henceforth reside.
The petitioner shall appear before the learned trial Court on
every date of hearing. He shall not intimidate witnesses or
tamper with evidence in any manner whatsoever.
In the event the petitioner fails to comply with any of
the conditions mentioned 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.
Urgent certified website copy of this order, if applied
for, be supplied to the parties upon compliance with all
requisite formalities.
(Suvra Ghosh, J.)