Toton Biswas on 13 May, 2025

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
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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
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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.)