Calcutta High Court (Appellete Side)
Act vs In Re : Salam Halder on 16 June, 2025
Author: Suvra Ghosh
Bench: Suvra Ghosh
June 16, 2025
28 ARDR
(Allowed)
CRM (M) 375 of 2025
In Re : An Application for bail under Section 483 of Bharatiya
Nagarik Suraksha Sanhita, 2023 filed in connection with Dholahat
Police Station Case No. 137 of 2016 dated 24/3/2016 under
Sections 324/326/307/302/120B of the Indian Penal Code and
Sections 25/27 of the Arms Act and Section 9(b) of the Explosives
Act.
And
In Re : Salam Halder
... Petitioner.
Adv. Sabir Ahmed,
Adv. Dhiman Banerjee,
... for the petitioner.
Adv. Mrityunjoy Chatterjee,
Adv. Arindam Poali,
Adv. Suchismita Chakraborty,
...for the defacto complainant.
Adv. Anasuya Sinha,
Adv. Prakash Mishra,
... for the State.
The petitioner seeks parity with the co-accused who have been
granted bail earlier.
Heard learned counsels for the parties.
On merits, the petitioner appears to be similarly
circumstanced with the co-accused on bail. His prayer for bail was
rejected earlier primarily on the ground of his protracted
abscondance. He is in custody for more than a year.
Since the petitioner appears to be similarly circumstanced
with the co-accused on bail, this Court is of the view that he
deserves the same benefit subject to stringent conditions.
Accordingly, the prayer for bail is allowed.
The petitioner namely Salam Halder be released on bail upon
furnishing bond of Rs.10,000/- (Rupees Ten Thousand only) each,
with two sureties of like amount each, one of whom must be local,
2
to the satisfaction of the learned Additional Chief Judicial
Magistrate, Kakdwip, South 24 Parganas subject to the condition
that he shall not enter the jurisdiction of Dholaghat Police Station
and furnish the address where he shall presently reside before the
learned trial Court, Investigating officer and the Officer in charge of
the police station under whose jurisdiction he shall henceforth
reside. The petitioner shall cooperate in trial of the case and shall
not protract the same by any means. He shall appear before the
learned trial Court on every date of hearing and shall not intimidate
witnesses or tamper with evidence in any manner whatsoever.
In the event the petitioner fails to adhere to any of the
conditions as stated above, 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 disposed of.
Case Diary be returned.
All parties shall act on the server copy of this order duly
downloaded from the official website of this Court.
Urgent certified website copy of this order, if applied for, be
supplied to the parties upon compliance with all requisite
formalities.
(Suvra Ghosh, J.)