Sarathi Kirtania And ANR v. State Of West Bengal

C.R.M. (DB) 2280 of 2023 16.06.2023 Sl. 40 Court No. 29 Sourav (Allowed) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Gopalnagar Police Station Case No. 114 of 2023 dated 27.02.2023 under Sections 302/120B IPC corresponding to G.R. Case No. 485 of 2023. And In the matter of: Sarathi Kirtania & Anr.

....petitioners.

Mr. Debjit Sahani Mr. Kalyan Chattopadhyay ...for the petitioners.

Mr. Madhusudan Sur, Ld. APP Mr. Manoranjan Mahata ... for the State.

Md. Abdur Rakis Mr. Somnath Majumder ...for the State.

1. Heard learned Counsel for the parties.

2. Learned Counsel for the petitioner does not want to press the application for bail so far as the petitioner no. 1 (Sarathi Kirtania) is concerned. Accordingly, the present petition in respect of petitioner no. 1 is dismissed as 'not pressed'.

3. So far as petitioner no. 2 (Radhika Sarkar) is concerned, she is alleged to have provoked the principal accused (Amar Kirtania) to give the fatal blow on the deceased.

4. Regard being had to such facts and submissions, factum of permanent residence of the petitioners, part played by the petitioner no. 2 in the entire transaction and completion of investigation in the meantime, it is directed that the petitioner no. 2 shall be released on bail by the learned Additional Chief Judicial Magistrate, Bongaun, in Connection with Gopalnagar Police Station Case No. 114 of 2023 dated 27.02.2023 on such terms and conditions as deemed just and proper in the facts and circumstances of the case.

5. Accordingly, the prayer for bail is allowed.

6. The application being CRM (DB) 2280 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)