CRM(M)/262/2026 of BIPUL ROY Vs THE STATE OF WEST BENGAL on 20 August 2026

1. Learned Counsel for the petitioner has submitted that the petitioner is in custody for 444 days. Charge-sheet has been submitted. The alleged offending weapon was not recovered from the place of the present petitioner. The same was recovered from the place of occurrence which is open to public. The offending knife was sent to FSL but the report is yet to be received. Charge- sheet was submitted on 29th August, 2025. Charge is yet to be framed. There is no chance of an early completion of the trial. He may be enlarged on bail on any conditions.

2. The learned Counsel for the State opposes the prayer for bail vehemently. Learned Counsel for the State has also submitted that bail prayer of the present petitioner was rejected twice, one on 17th December, 2025 and another was on 27th March, 2026. In view of the above, learned Counsel for the State opposes the prayer for bail.

3. I have gone through the materials on record. It appears that on two occasions, the prayer for bail of the petitioner was rejected. However, it appears to me that charge-sheet was submitted on 29th August, 2025 and charge is yet to be framed. It is anybody’s guess that when the charge would be framed, when the trial would be commenced and the when the trial would be ended. There are no materials on record that it is for the accused, the charge could not be framed. In view of such circumstances of the materials on record, I am inclined to allow the prayer for bail of the petitioner.

4. Accordingly, the prayer of the petitioner for bail is allowed on the following conditions:-

a) The petitioner, namely, Bipul Roy, shall be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten Thousand), with two sureties of Rs.5,000/- (Rupees Five Thousand) each, one of whom must be local, to the satisfaction of Chief Judicial Magistrate, Jalpaiguri.

b) The petitioner shall appear before the learned Trial Court on each and every date of hearing and/or as and when to be directed by the Court.

c) The petitioner shall not intimate or threaten the witnesses and/or tamper with evidence in any manner whatsoever and shall not commit any cognizable offence in any manner whatsoever.

d) The petitioner shall remain within the geographical limits of the District Jalpaiguri, but shall not enter the Rajganj Police Station jurisdiction except for the purpose of attending Court proceedings. The petitioner shall inform his current local address where he will be residing while on bail to the jurisdictional police station and the learned Trial Court and shall meet the I/C of jurisdictional police station where he will be residing now once in every week, until further orders.

5. In the event, the petitioner fails to adhere to any of the conditions stipulated above, the Trial Court shall be at liberty to cancel the bail in accordance with law.

6. The application for bail is, thus, allowed.

7. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Apurba Sinha Ray, J.)