Gopal Barman And ANR. v. State Of West Bengal

16.

24.03.2025 Court No.29 (Pritam) (Allowed)

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION CRM (DB) 187 of 2025 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure, 1973 / Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, arising out of Ranaghat Police Station Case No.631/2024 dated 30.07.2024 under Sections 126(2)/118(2)/109/3(5) of the BNS, 2023.

And In the matter of: - Gopal Barman & Anr.

...petitioners.

Mr. Joydeep Biswas, Mr. Avilash Tripathi, Mr. Koushik Ghosh ...for the petitioners.

Ms. Sonali Das, Mr. Mainak Gupta ...for the State.

Dictated by Arijit Banerjee, J.

1. Leave is granted to the petitioners' advocate-on-record to correct the cause title of the bail petition.

2. The petitioners say that they had no intention of killing anybody. The incident was the outfall of a dispute regarding parking of motorbike. There was brick pelting, stone pelting and exchange of fists and blows. One of the persons succumbed to the injury sustained. The petitioners are in custody for 231 days. Charge-sheet has been filed upon completion of investigation. They pray for bail.

3. Opposing the prayer for bail, learned advocate for the State draws our attention to the statements in the case diary. We see that charge has been framed. However, there are 22 chargesheet named witnesses. It does not appear that witness action has begun.

4. Although it cannot be said that there is no incriminating material against the petitioners, we are of the view that given the nature of the alleged offence and the fact that investigation is complete, further custodial detention of the petitioners is not necessary.

5. Accordingly, we allow the petitioners' prayer for bail.

6. Accordingly, we direct that the petitioners, namely, Gopal Barman & Palash Bosu. shall be released on bail upon furnishing a personal bond of Rs.10,000/- (Rupees Ten Thousand) to the satisfaction of learned C.J.M, Ranaghat, Nadia. The petitioners shall appear before the trial Court on each and every date of substantive hearing subject to the provisions of Section 317 of the Code of Criminal Procedure, 1973 / Section 355 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever.

7. In the event the petitioners fail to comply with any of the conditions stipulated above, the trial Court shall be at liberty to cancel the bail in accordance with law without further reference to this court.

8. The application for bail being CRM (DB) 187 of 2025 is, thus, disposed of.

9. All parties shall act on the server copies of this order duly downloaded from the official website of this Court. 10.

Criminal Section is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities.

(Arijit Banerjee, J.) (Apurba Sinha Ray, J.)