Tapan Ghosh v. The State Of West Bengal

11-09-2024 (ct. no.06) KOLE Allowed CRM (DB) 2780 of 2024 In re: An application for bail under Section 439 of the Code of Criminal Procedure/483 of BNSS in connection with Goghat Police Station Case No. 361 of 2024 dated 14.07.2024 under Sections 329(2)/118(2)/109(2)/351(3)/3(5) of the Bharatiya Nyaya Sanhita, 2023.

- A n d - In the matter of : Tapan Ghosh .... Petitioner.

Mr. Arobinda Manna, Mr. S. Chakraborty, ... For the Petitioner.

Mr. P. K. Dutta, Mr. A. S. Chatterjee, ... For the State.

1.

Heard the learned lawyers for both the parties. 2.

We have considered the materials on record including the injury report. Whether the injury is life threatening may be assessed during trial.

3.

The petitioner is in custody for 58 days. Under such circumstances, we are inclined to enlarge the petitioner on bail. 4.

Accordingly, we direct that the petitioner, namely, Tapan Ghosh, shall be released on bail upon furnishing a bond of Rs. 10,000/-, with two sureties of like amount each, one of whom must be local, to the satisfaction of the Learned Chief Judicial Magistrate, Arambag, Hooghly and on further conditions that the petitioner shall appear before the trial Court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever. Signed By :

ABHIJIT KOLE High Court of Calcutta 12 th of September 2024 02:56:22 PM

5. In the event the petitioner fails to adhere to any of the conditions stipulated above without justifiable cause, the trial court shall be at liberty to cancel his bail in accordance with law without further reference to this court.

6. The application for bail is, accordingly, allowed. ( Gaurang Kanth, J. ) ( Joymalya Bagchi, J. ) Signed By :

ABHIJIT KOLE High Court of Calcutta 12 th of September 2024 02:56:22 PM