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Calcutta High CourtCRM(M)/1007/2025allowed

Ashok Kumar Ghosh v. State Of West Bengal

2025-11-19Hon'Ble Justice Tirthankar Ghosh2 pages

19.11.2025 Court No.35.

D/L. 48.

Rakib (Allowed) CRM (M) 1007 of 2025 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Suti Police Station Case No. 782 of 2023 dated 22.12.2023 under Sections 120B/409/420/467/468/471 of the Indian Penal Code, 1860. And In the matter of : Ashok Kumar Ghosh ......Petitioner.

Mr. Sourav Chatterjee, Sr. Adv, Mr. Soumyajit Das Mahapatra Mr. Kaustav Bagchi Mr. Debayan Ghosh Ms. Priti Kar ......for the Petitioner.

Mr. Debasish Roy, Ld. PP, Mrs. Subhasree Patel Mr. Atanu Ghosh ......for the State.

Learned advocate appearing for the petitioner claims parity with one Abdul Seikh @ Abdul Sekh who has been granted bail in connection with the instant case. Learned advocate further submits that the petitioner is in custody since December, 2024.

Learned Public Prosecutor appears on behalf of the State and is not in a position to dispute that Abdul Seikh @ Abdul Sekh and Ashok Kumar Ghosh have different locus in respect of the case.

Considering the period of detention of the petitioner and the directions passed in CRM (M) 1275 of 2025, I am inclined to release the petitioner on bail.

As such, petitioner namely, Ashok Kumar Ghosh shall furnish bond of Rs. 20,000/- (Rupees Twenty Thousand only), with two sureties of Rs. 10,000 (Rupees Ten Thousand only) each, one of whom must be local to the satisfaction of the learned Chief Judicial Magistrate, Berhampore. If on bail, the petitioner shall be physically present on each and every date so fixed by the learned trial Court. The learned trial Court is granted liberty to impose any condition which it deems fit and proper for smooth progress of the trial of the case.

In case, there is any violation of the aforesaid conditions, the trial Court would be at liberty to cancel the bail without further reference to this Court.

Accordingly, CRM (M) 1007 of 2025 is allowed. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)