Subham Ghosh v. State Of West Bengal

24.06.2022 Sl. No.22 akd [ALLOWED] C. R. M. (DB) 1938 of 2022 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 15.06.2022 in connection with Nabadwip Police Station Case No. 216 of 2022 dated 24.05.2022 under Sections 498A/307/406 of the Indian Penal Code.

And In Re: Subham Ghosh ... ... Petitioner Mr. Achyut Basu Ms. Sonam Basu Ms. Punam Basu ... ... for the petitioner Mr. Bidyut Kr. Roy Ms. Rita Datta ... ... for the State It is submitted on behalf of the petitioner that he is in custody for about 30 days. It is further submitted ingredients of the offence punishable under Section 307 IPC are not disclosed. Learned advocate appearing for the State opposes the prayer for bail.

We have considered the materials on record. Injuries on the victim lady are simple. Whether petitioner intended to murder her requires to be assessed during trial. In view of the aforesaid facts and the period of detention suffered by the petitioner, we are of the opinion further detention of the accused/petitioner is not necessary. Therefore, the accused/petitioner, namely Subham Ghosh, 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 Judicial Magistrate, Nabadwip, Nadia subject to condition that the said petitioner shall appear before the trial court on every date of hearing until further orders

and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event he fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court. The application for bail, thus, stands allowed. (Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)