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Calcutta High CourtCRM(M)/481/2025allowed

Bappa Ghosh @ Barka v. State Of West Bengal

2025-06-26Hon'Ble Justice Suvra Ghosh2 pages

26.06.2025 Ct.No.34 b.das Allowed C.R.M. (M) 481 of 2025 In Re : An application for bail under Section 483 of the BNSS, 2023 filed in connection with Tangra P.S. Case No. 109 of dated 11.05.2018 under Sections 302/307/379/120B/34 of the IPC.

And In Re :

Bappa Ghosh @ Barka ... Petitioner.

Mr. Sandipan Ganguly Mr. Sabyasachi Banerjee Mr. Ayan Bhattacharjee Mr. Karan Dudhewala Mr. A. Zahid ... for the Petitioner.

Mr. Ranabir Roychowdhury Mr. Raju Mondal ... for the State.

Report submitted by the State is taken on record. Heard learned counsels for the parties.

Learned counsel for the State submits that the prosecution proposes to examine 10 more witnesses. The petitioner is in custody for more than 7 years. Examination of 10 more witnesses shall take some time. There is remote possibility of trial being concluded in near future In view of the above, this Court is inclined to hold that the petitioner be released on bail solely on the touchstone of Article 21 of the Constitution of India.

Accordingly, prayer for bail is allowed.

The petitioner namely Bappa Ghosh @ Barka be released on bail upon furnishing 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, Sealdah subject to condition that he shall remain outside the jurisdiction of Tangra, Topsia and Pragati Maidan P.S. and shall furnish the address where he shall henceforth reside before the learned trial Court, investigating officer and the Officer in charge of the concerned P.S under whose jurisdiction he shall presently reside. The petitioner shall appear before the learned trial Court on every date of hearing fixed by the learned trial Court and shall not intimidate witnesses or tamper with evidence in any manner whatsoever. In the event the petitioner fails to adhere to any of the conditions as stated above without justifiable cause, the learned trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court. The application for bail is thus disposed of. Case Diary be returned.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)