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Calcutta High CourtCRM (DB)/2824/2024allowed

Bijoy Roy v. The State Of West Bengal

2024-11-08Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

08.11.2024.

57.

Ct.No.28.

as (Allowed) C.R.M. (DB) 2824 of 2024 In Re:- An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Barasat P.S. Case No.910 of 2023 dated 17.12.2023 under Sections 341/326/307/34 of the Indian Penal Code and adding Section 302 of the Indian Penal Code. In the matter of : Bijoy Roy.

.... Petitioner.

Mr. Angshuman Chakraborty, Mr. S. S. Saha.

...for the Petitioner.

Mrs. Anasuya Sinha, ld. A.P.P., Mr. Rahul Ganguly.

...for the State.

1.

Petitioner submits victim died due to an accident. He has been falsely implicated. Co-accused has been enlarged on bail. Accordingly, he prays for bail.

2.

Learned Advocate for the State opposes the bail prayer. 3.

We have considered the materials on record. Victim appears to have suffered injuries in an accident and died on 28.12.2023.

4.

Under such circumstances, co-accused viz., Gopal Sarkar has been enlarged on bail. Petitioner is entitled to similar relief.

5.

Accordingly, the petitioner viz., Bijoy Roy 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, Barasat, North 24-Paraganas subject to condition that he shall Signed By : ALOK SETH High Court of Calcutta 12 th of November 2024 05:02:16 PM

appear before the trial court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

6.

In the event the petitioner fails to appear before the Trial Court without any justifiable cause, the trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

7. This application for bail is, thus, disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By : ALOK SETH High Court of Calcutta 12 th of November 2024 05:02:16 PM