Dibakar Bera v. The State Of West Bengal
01.04.2024 sdas allowed CRM (DB) No. 677 of 2024 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Jagatballavpur Police Station Case No. 03 of 2023 dated 04.01.2023 under Section 302 of the Indian Penal Code.
And In Re : Dibakar Bera ...... petitioner Mr. Ashok Das Mr. Sourav Mukherjee Ms. Hasi Jana ....for the petitioner Mr. Partha Pratim Das Mr. Arabinda Manna .... for the State 1.
Learned Counsel for the petitioner submits he is in custody for more than a year. It is also submitted victim died due to accidental drowning. Accordingly, he prays for bail. 2.
Learned Counsel for the State opposes the prayer for bail.
3.
We have considered the materials on record. Post mortem report shows victim died due to drowning. Whether cause of death is homicidal or accidental requires to be assessed during trial. Petitioner has made out an arguable case in his favour. He is in custody for a considerable period of time. There is no chance of abscondence. Accordingly, we are inclined to grant bail to the petitioner.
4. Accordingly, we direct that the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- with two Signed By :
SHANTANU DAS High Court of Calcutta 3 rd of April 2024 06:15:57 PM
sureties of like amount each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Howrah, subject to conditions that petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever.
5. In the event the petitioner fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.
6. The application for bail is, accordingly, allowed. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By :
SHANTANU DAS High Court of Calcutta 3 rd of April 2024 06:15:57 PM