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Calcutta High CourtCRM (DB)/3395/2024allowed

Bappa Bagdi v. State Of West Bengal

2024-11-11Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

11.11.2024.

68.

Ct.No.28.

as (Allowed) C.R.M. (DB) 3395 of 2024 In Re:- An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Panrui P.S. Case No.161 of 2023 dated 22.112023 under Sections 302/34 of the Indian Penal Code. In the matter of : Bappa Bagdi.

.... Petitioner.

Mr. Kunal Ganguly.

...for the Petitioner.

Mr. Iqbal Kabir, Mrs. Rituparna Saha.

...for the State.

1.

Petitioner is in custody for eleven months. He submits there is no direct evidence connection him with the crime. Accordingly, he prays for bail.

2.

Learned Advocate for the State opposes the bail prayer. He submits petitioner had met the victim Hupen Tudu in the house of Laxmi Tudu @ Laxmi Hembram. She was abducted and murdered.

3.

We have considered the materials on record.

Unfortunately the most vital witness viz., Laxmi Tudu @ Laxmi Hembram died due to natural causes. Credibility of the statements of other witnesses require to be assessed during trial.

4.

In view of the nature of evidence on record, we are inclined to grant bail to the petitioner.

5.

Accordingly, the petitioner viz., Bappa Bagdi shall be released on bail upon furnishing a bond of Rs.10,000/- with Signed By : ALOK SETH High Court of Calcutta 12 th of November 2024 04:32:58 PM

two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Suri, Birbhum subject to condition that he shall 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. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.) Signed By : ALOK SETH High Court of Calcutta 12 th of November 2024 04:32:58 PM