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Calcutta High CourtCRM(M)/1943/2025allowed

Partha Dey v. State Of West Bengal

2025-11-14Hon'Ble Justice Tirthankar Ghosh2 pages

14.11.2025

IN THE HIGH COURT AT CALCUTTA

Item No.23 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc.

Allowed C.R.M. (M) 1943 of 2025 In Re : An Application for bail under Section 439 of the Code of Criminal Procedure, 1973 corresponding to Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Ghola Police Station Case No. 588 of 2021 dated 09.09.2021 under Sections 323/326/307/34 of the Indian Penal Code read with Section 75 of Juvenile Justice (Care & Protection of Children) Act (G.R. Case No. 7977 of 2021).

And In Re :

Partha Dey ... Petitioner.

Mr. Debasis Kar, Ms. Paramita Mukherjee ... For the Petitioner.

Mr. Nirupam Dhali ... For the State.

Learned advocate appearing for the petitioner submits that the petitioner is in custody for more than ten months and till date after framing of charge, no witnesses have been examined.

Learned advocate appearing for the State, on the other hand, opposes the prayer for bail and draws the attention of the Court to the injury report as well as the statement of the injured.

Having considered the period of detention of the petitioner, I am inclined to release the petitioner on bail. As such, the prayer for bail of the petitioner is allowed. Accordingly, the petitioner viz., Partha Dey shall be released on bail upon furnishing bond of Rs.20,000/-, with

two sureties of Rs.10,000/- each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Barrackpore.

If on bail, the petitioner shall stay outside the jurisdiction of Ghola Police Station and inform the address of his residence where he is staying to the learned Trial Court. Petitioner shall also be physically present on each and every date so fixed by the learned Trial Court.

In case there is any violation of any condition, learned Trial Court will be at liberty to cancel the bail of the petitioner without further reference to this Court. Case diary be returned to learned advocate appearing for the State.

The application for bail, being CRM (M) 1943 of 2025, is, thus, disposed of.

All concerned parties shall act on the server copy of this order duly 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.)