Palash Ghuku And ANR v. The State Of West Bengal

23.

14.08.2024 Court No.28 (Tanmoy) Allowed

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION CRM (DB) 2070 of 2024 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure, 1973 / Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Jagatballavpur Police Station Case No. 58/2024, dated 15.3.2024 under Sections 302/34 of the Indian Penal Code. And In the matter of: - Palash Ghuku & Anr.

...petitioners.

Mr. Milon Mukherjee, Ld. Sr. Adv.

Mr. Soumya Basu Roy Chowdhuri Mr. Malay Mukherjee ...for the petitioners.

Mr. Soumik Ganguly Mr. Jisan Iqubal Hossain ...for the State.

Mr. Tapas Maity Mr. Ritwik Majhi ...for the de facto complainant.

Dictated by Partha Sarathi Sen, J.

1. It is submitted on behalf of the petitioners that the present accused petitioners have been implicated in the instant case out of mere suspicion.

2. Learned Counsel for the State as well as learned Counsel for the de facto complainant opposes the prayer for bail.

3. On perusal of the entire material placed before this Court it appears that prior to commission of the alleged crime, the present accused petitioners were in the company of the deceased. The post mortem report does not reflect that the death is homicidal in nature though the autopsy surgeon noticed head injury on the dead body.

Signed By :

TANMOY GHOSH High Court of Calcutta 14 th of August 2024 06:21:59 PM

4. Considering the entire circumstances and in particular that investigation has already been completed, we are of the view that further custodial detention of the present two accused petitioners are not necessary. Accordingly, we are inclined to allow the petitioners' prayer for bail.

5. Accordingly, we direct that the petitioners, namely, 1. Palash Ghuku, 2. Dipak Ghuku shall be released on bail upon furnishing a bond of Rs.10,000/- (Ten Thousand) each with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Howrah, subject to condition that the petitioners shall appear before the learned Trial Court on each and every date of substantive hearing subject to the provisions of Section 317 of the Code of Criminal Procedure, 1973, and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever.

5. In the event the petitioners fail to adhere to any of the conditions stipulated above without any justifiable cause, the learned Trial Court shall be at liberty to cancel their bail in accordance with law without further reference to this Court.

6. The application for bail being CRM (DB) 2070 of 2024 is accordingly disposed of.

7. Criminal Section is directed to supply urgent photostat certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities.

(Arijit Banerjee, J.) (Partha Sarathi Sen, J.) Signed By :

TANMOY GHOSH High Court of Calcutta 14 th of August 2024 06:21:59 PM