Calcutta High CourtCRM (DB)/1313/2022allowed

Santosh Kr Mishra v. State Of West Bengal

2022-05-18Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

18.05.2022 Serial no. 80 Aloke Ct. No. 29 CRM (DB) 1313 of 2022 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with Bauria Police Station Case No. 92 of 2021 dated 19.07.2021 under Sections 302/120B/201/34 of the Indian Penal Code and charge-sheet submitted under Sections 302/120B/201/34 of the Indian Penal Code.

-AndIn the matter of : Santosh Kumar Mishra ...Petitioner Mr. Sujit Gupta, Advocate Ms. Amita Gaur, Advocate ... ... For the Petitioner Mr. Arijit Ganguly, Advocate Mr. Avik Ghatak, Advocate ... ...For the State Petitioner prays for bail.

Learned Advocate appearing for the petitioner submits that the petitioner is in custody for 298 days. The petitioner also received burn injuries. The victim and the petitioner both were taken to the hospital in the same vehicle. At the time of admission the de facto complainant stated that the incident of fire was accidental.

Learned Advocate appearing for the State draws the attention to the statement of the daughter of the victim recorded under Section 164 of the Code of Criminal Procedure where she stated that she was prevented from entering into the house of the petitioner when her mother was burning. Considering the period of detention of the petitioner and considering the fact that the petitioner also suffered burn injuries, we deem it appropriate to enlarge the petitioner on bail.

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, Uluberia, Howrah, 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) 1313 of 2022 is disposed of.

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