Calcutta High Court (Appellete Side)
Chandra Sekhar Roy @ Baba vs Unknown on 12 December, 2025
Author: Tirthankar Ghosh
Bench: Tirthankar Ghosh
12.12.2025 Court No.35.
D/L. 76.
Rakib (Allowed) CRM (M) 2564 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 Harippal Police Station case no. 162 of 2021 dated 04.07.2021 under Sections 307/120B of the Indian Penal Code, 1860 read with Section 25/27 of the Arms Act, 1959.
And In the matter of : Chandra Sekhar Roy @ Baba.
......Petitioner.
Mr. Arunava Ganguly ......for the Petitioner.
Mr. Subhasree Patel Mr. Ratul Ghosh ......for the State.
Report submitted by the State be kept with the record. Report reflects that petitioner has been granted bail in connection with the other case involving offence under Section 302 of the Indian Penal Code, presently the case is under Section 307 of the Indian Penal Code wherein the petitioner is in custody from August, 2021, more than four years have passed since then.
Learned advocate for the petitioner submits that although, till date charges have been framed but witness action has not commenced.
Learned advocate for the State is not in a position to rebut the contention that till date no witness has been examined.
2Having regard to the period of detention of the petitioner, I am of the view that further detention of the petitioner would violate the provisions of Article 21 of the Constitution of India. Accordingly, the prayer for bail of the petitioner is allowed.
As such, petitioner namely, Chandra Sekhar Roy @ Baba 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 Thousand only) each, one of whom must be local to the satisfaction of the learned Additional Chief Judicial Magistrate, Chandernagore, Hooghly.
In this case, the local surety referred to is an individual of the district of Hooghly who would deposit his title deed of the property for the release of the same.
If on bail, the petitioner shall be physically present on each and every date so fixed before the learned trial Court and shall not leave the jurisdiction of district of Hooghly without the prior permission of the learned trial Court.
Accordingly, the application for bail being CRM (M) No. 2564 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.)