Calcutta High CourtCRM (DB)/2420/2023allowed

Ranajoy Mukherjee v. State Of West Bengal

2023-06-27Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (DB) 2420 of 2023 27.06.2023 Sl. 36 Court No. 29 Sourav (Allowed) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with North Port Police Station Case No. 16 of 2023 dated 11.04.2023 under Sections 307/34 IPC (G.R. (NS) No. 244 of 2023).

And In the matter of: Ranajoy Mukherjee ....petitioner.

Mr. Soubhik Mitter Mr. Litan Maitra Mr. Kalyan Kr. Bhattacharjee Ms. Rajnandini Das ...for the petitioner.

Mr. Rudradipta Nandy, Ld. APP Mr. Subrato Roy ...for the State.

1. Heard learned Counsel for the parties.

2. The deceased is alleged to have passed lewd comment against the sister of the petitioner when they had gone to the temple of Lord Bhutnath on the auspicious day of Nil Sasthi. Thereafter, a quarrel ensued between the deceased on one side and the petitioner and his family members including women flock on the other side.

3. In course of quarrel, the petitioner is alleged to have hit on the head of the deceased by whatever he could lay his hand on and the deceased is stated to have died four days after the occurrence. Some of the witnesses have stated that the deceased was assaulted by a brickbat and one has stated that he was assaulted by a wooden bench.

4. Investigation is stated to have progressed substantially.

5. Regard being had to such facts and submissions, the factum of permanent residence of the petitioner, nature of allegation,

sequence of events and substantial progress in the investigation, it is directed that the petitioner shall be released on bail by the learned Additional Chief Metropolitan Magistrate, 2nd Court, Calcutta, in GR (NS) No. 244 of 2023 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 shall appear before the I.O. once in a week on the day and time fixed by the I.O. till submission of F.F.

6. Accordingly, the prayer for bail is allowed.

7. The application being CRM (DB) 2420 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.)