Calcutta High CourtCRM (DB)/1689/2023allowed

Ashis @ Asis Kumar @ Ashish Kumar v. State Of West Bengal

2023-06-21Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (DB) 1689 of 2023 21.06.2023 Sl. 7 Court No. 29 Sourav (Allowed) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure corresponding to G.R. Case No. 3699 of 2022 arising out of Asansol South Police Station Case No. 477 of 2022 dated 13.11.2022 under Section 302 IPC. And In the matter of: Ashis @ Asis Kumar @ Ashish Kumar ....petitioner.

Mr. Avik Ghatak Mr. Fahad Imam ...for the petitioner.

Ms. Zareen N. Khan Md. Kutubuddin ...for the State.

1. The FSL report be filed in Court today be taken on record.

2. Heard learned Counsel for the parties.

3. Both the petitioner and victim came to Asansol and stayed in a hotel in the night. The deceased's health started deteriorating. The petitioner rushed him hospital where he died. The post mortem report speaks up intracranial hemorrhage. It further shows that there is no external injury on the person of the dead body and FSL report negatives ingestion of poison.

4. Charge-sheet is stated to have been filed.

5. Regard being had to such facts and submissions, completion of investigation in the meantime, it is directed that the petitioner shall be released on bail by the learned Chief Judicial Magistrate, Paschim Bardhaman in G.R. Case No. 3699 of 2022 arising out of Asansol South Police Station Case No. 477 of 2022 dated 13.11.2022 on such terms and conditions as deemed just and proper in the facts and

circumstances of the case including the condition that i) the petitioner within one month of his release on bail shall file his address statement duly endorsed by the SHO/IIC/IC of the police station under whose jurisdiction his home is situated before the I.O. of this case and such statement and mobile number provided by the petitioner shall be used for the purpose of issuance of summonses/notices etc. to him during trial.

6. Accordingly, the prayer for bail is allowed.

7. The application being CRM (DB) 1689 of 2023 is disposed of.

8. Learned Trial Court is hereby directed to act upon the server copy of this order.

(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)