Calcutta High Court (Appellete Side)
The Pdpp Act And Sections 3 And 4 Of The Ed ... vs In Re : Toton Biswas on 13 May, 2025
Author: Suvra Ghosh
Bench: Suvra Ghosh
13.05.2025 Item No.05 Ct.No.34 rc.
Allowed C.R.M. (M) 210 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 Chinsurah Police Station Case No. 185 of 2019 dated 13.07.2019 under Sections 147/148/323/329/307/283/ 350/427/332/435 of the Indian Penal Code and Section 3 of the PDPP Act and Sections 3 and 4 of the ED Act.
And
In Re : Toton Biswas ... Petitioner
Mr. Moyukh Mukherjee
Ms. Sinthia Bala
Mr. Koustav Bhattacharya ... for the Petitioner
Mrs. Baisali Basu
Mrs. Trina Mitra ... For the State
Report submitted by the State is taken on record. Heard learned counsels for the parties. The petitioner was granted bail on December 11, 2019 by the learned Sessions Judge, Hooghly. Since he was in custody in connection with other cases pending against him he was finally released by the learned Additional Sessions Judge, Fast Track 1st Court, Hooghly on May 17, 2023. The petitioner appeared before the learned trial Court through his learned advocate under Section 317 of the Code of Criminal Procedure on every date of hearing. He failed to appear before the learned trial Court without steps on September 03, 2024 for which warrant of arrest was issued 2 against him. He surrendered before the learned trial Court on March 19, 2024 and was taken into custody. He is in custody since then and prays for bail.
Opposing the prayer for bail learned counsel for the State submits that the petitioner has several criminal antecedents.
I have considered the material on record. It appears that the petitioner was all throughout represented before the learned trial Court by his learned advocate and failed to take steps therein on a single occasion for which warrant of arrest was issued against him. Though the State submits that there are several criminal antecedents to the credit of the petitioner, it did not choose to pray for cancellation of bail after it was granted by the learned Sessions Judge, Hooghly. The petitioner voluntarily surrendered before the learned trial Court and is in custody since then.
In view of the above, this Court is inclined to hold that further detention of the petitioner is not required and he may be released on bail subject to stringent conditions.
Accordingly, prayer for bail of the petitioner is allowed. The petitioner Toton Biswas 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, Hooghly subject to condition that he shall appear before the learned trial Court on every date of hearing. He 3 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 as 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.)