Calcutta High CourtCRM (DB)/1006/2022allowed

Prasenjit Ghosh v. State Of West Bengal

2022-04-19Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

19.04.2022 Serial no. 65 [Dd] (Bail allowed) CRM (DB) 1006 of 2022 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with Hanskhali Police Station Case No.

of dated 9.7.2021 under Sections 363/366/34 of the Indian Penal Code.

-AndIn the matter of : Prasenjit Ghosh ... ... Petitioner Mr. Prabir Majumder, Mr. Snehansu Majumder, Advocates ... ... For the Petitioner Mr. Bidyut Kr. Roy, Ms. Rita Dutta, Advocates ... ...For the State Petitioner seeks bail.

Learned advocate appearing for the petitioner submits that the petitioner is in custody for 275 days. The police filed charge sheet and, therefore, further detention of the petitioner is not required.

Learned advocate appearing for the State draws the attention of the Court to the statements of the victim recorded under Section 164 of the Criminal Procedure Code. He submits that today is the date fixed before the jurisdictional Court for the production of the accused. Considering the period of detention of the petitioner and considering the statement of the victim recorded under Section 164 of the Criminal Procedure Code and considering the fact that police filed charge sheet, we are inclined to grant bail to the petitioner.

Accordingly, we direct that the petitioner shall be released on bail upon furnishing a 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 Additional Chief Judicial Magistrate, Ranaghat, Nadia subject to condition that the petitioner shall appear before the learned trial court on every date of hearing until further orders and shall not intimidate witnesses and/or tamper with evidence in any manner whatsoever.

In the event, the petitioner fails to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel the bail of the petitioner in accordance with law without further reference to this Court. The prayer for bail of the petitioner is allowed. CRM (DB) 1006 of 2022 is disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)