Mafikul Biswas And ANR v. State Of West Bengal

C.R.M. (DB) 2196 of 2023 12.06.2023 Sl. 44 Court No. 29 sdas (Allowed) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed in connection with Domkal Police Station Case No. 594 of 2022 dated 16.09.2022 under Sections 304/34 of the Indian Penal Code.

And In the matter of: Mafikul Biswas & Anr.

....petitioners.

Mr. Arnab Chatterjee ...for the petitioners.

Mr. P. K. Dutta Mr. P. K. Ganguy ...for the State.

1. Heard learned Counsel for the parties.

2. The victim who is alleged to have committed theft of cows is stated to have been beaten by the petitioners along with others. The postmortem report shows some external injuries which have been scabbed in the meantime. Death is stated to have happened after about 15 days of the occurrence. We do not find any internal injury of the deceased from the postmortem report. The petitioners are stated to be in custody since 20th November, 2022.

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

4. Regard being had to such facts and submissions, factum of permanent residence of the petitioners, completion of investigation in the meantime, it is directed that the petitioners shall be released on bail by the learned Chief Judicial Magistrate at Berhampore, Murshidabad, on such terms and conditions as deemed just and proper in the facts and circumstances of the case in connection with G.R. Case arising out of Domkal Police Station Case No. 594 of 2022

dated 16.09.2022.

5. Accordingly, the prayer for bail is allowed.

6. The application being CRM (DB) 2196 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)