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Calcutta High CourtCRM(M)/1948/2025allowed

Akash Paik v. State Of West Bengal

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

D/L 27 14.11.2025 C.R.M. (M) 1948 of 2025 In Re: An application for bail under Section 483 of the BNSS, 2023 filed in connection with Sonarpur Police Station Case No.500 of 2025 dated 02.04.2025 under Sections 126(2)/118(2)/109/351(2)/3(5) of the BNS and adding Section 103 of the BNS, 2023;

Akash Paik

Versus

The State of West Bengal & Anr.

Mr. Soubhik Mitter Mr. Jay Chakraborty.

...for the petitioner.

Ms. Baisali Basu Ms. Suveni Banerjee.

...for the State.

Learned advocate appearing for the petitioner submits Bpg.

Allowed that the petitioner is in custody for about 7 months and that the incident occurred at the spur of the moment while the petitioner along with others were drinking. One of the accused person has been granted bail although the said accused person is not on the same footing.

Learned advocate for the State opposes the prayer for bail and submits that the present petitioner struck the fatal blow with the bamboo on the head of the deceased consequent to which he succumbed to death.

I have considered the materials in the case diary and I find from the version of the witnesses that the petitioner has struck with a bamboo on the head of the deceased while the other accused persons tried to resist. It also reflects from the materials that a

picnic was in progress when the four persons were involved in drinking.

Having regard to the period of detention of the petitioner and the fact that there are no antecedents, I am inclined to release the petitioner on bail.

Accordingly, the prayer for bail of the petitioner is allowed. The petitioner, namely, Akash Paik shall be released on bail upon furnishing bond of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties of Rs.10,000/- each, one of whom must be local to the satisfaction of the learned ACJM, Baruipur. If on bail, the petitioner shall be physically present on the date fixed and shall not leave the jurisdiction of Sonarpur Police Station except for the purposes of attending the court. Accordingly, CRM (M) 1948 of 2025 is allowed. All 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 of all requisite formalities.

(Tirthankar Ghosh, J.)