Calcutta High Court (Appellete Side)
State Of West Bengal vs Unknown on 21 April, 2026
Author: Tirthankar Ghosh
Bench: Tirthankar Ghosh
21.04.2026
Court No.35.
D/L.451.
Rakib
(Rejected)
CRM (DB) 3967 of 2024
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 Berhampore
Police Station case no. 1596 of 2024 dated 16.10.2024 under
Sections 103(1)/3(5) of the Bharatiya Nyaya Sanhita, 2023 read with
Sections 25/27 of the Arms Act.
And
In the matter of : State of West Bengal.
……State/Petitioner.
Mr. Rudradipta Nandy, Ld. APP
Ms. Amita Gaur, Sr. Govt. Adv
…..for the State/Petitioner.
Mr. Karan Bapuli
……for the Opposite Party.
Opposite party herein was granted bail on 21.06.2023 in
CRM (DB) 2289 of 2023 and while granting bail the Division Bench
of this Hon’ble Court was pleased to impose the following
conditions:
“i) the petitioner shall appear in person before the Court
during trial on each date of substantive hearing subject to
provision of Section 317 Cr.P.C. on cogent ground;
ii) he shall not leave District-North 24 Parganas without leave
of the Trial Court;
iii) the petitioner shall provide his mobile number and his
address statement duly endorsed by the I.C. of the Police
Station under which he resides to the I.O. of the present case
for the purpose of issuance of summonses, notices, etc.”
Learned advocate appearing for the State submits that
opposite party herein did not provide the mobile number or his
address statement to the investigating officer of the case or the
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Inspector-in-charge of the police station. Further opposite party
committed offence by threatening and coercing the witnesses
concerned as also opposite party herein did not appear in Court
regularly.
Learned advocate for the opposite party on the other hand
submits that an application for cancellation of bail was filed for non-
appearance, which was rejected by the learned trial Court.
I have taken into account the reasons assigned by the
learned trial Court. So far as the conditions of bail which has been
imposed by this Court are concerned, the opposite party however,
could not satisfy this Court that his mobile number and his address
statement was duly endorsed by the Inspector-in-charge of the
police station where he would resided.
Having considered that it was within the knowledge of the
learned trial Court when the opposite party was regularly appearing
and the direction of this Court was subject to the provisions of
Section 317 of the Code of Criminal Procedure, I am of the view that
so far as the liberty which is granted the same cannot be interfered
with at this belated stage.
However, the opposite party herein will within a week from
date provide his mobile number and his address statement which
would be submitted before the learned trial Court. Learned trial
Court will send it to the Inspector-in-Charge of the concerned police
station where he is residing so that for future purposes the
processes of summons/notices may be communicated to the said
address concerned.
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Accused/ opposite party herein will not change his address
and in case he changes his address, he would inform the learned
trial Court.
If other conditions are required for ensuring that the
progress of the trial, the learned trial Court would be at liberty to
impose additional conditions.
With the aforesaid observations CRM (DB) 3967 of 2024 is
disposed of.
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.)