Kaushik Bag v. The State Of West Bengal

07.11.2024 Sl. No.80 SG [ALLOWED] C. R. M. (DB) 3404 of 2024 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 05.09.2024 in connection with Goghat Police Station Case No. 348 of 2023 dated 11.10.2023 under Sections 498A/304B/34 of the Indian Penal Code, 1860. And In Re: Kaushik Bag ... ... Petitioner Ms. Busra Khatoon.

... ... for the petitioner Mr. Rana Mukherjee, Mr. Anindya Sundar Chatterjee ... ... for the State

1. Petitioner is in custody for 344 days. He submits he has been falsely implicated. Accordingly, he renews his prayer for bail.

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

3. We have considered the materials on record. Petitioner is in custody for about a year. Since rejection of bail in May 2024 there has not been any progress in the case. There is no chance of abscondence.

4. Under such circumstances, we are inclined to grant bail to the petitioner.

5. Therefore, the accused/petitioner, namely Kaushik Bag be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Arambagh, Hooghly subject to condition that the said petitioner shall appear before the trial court on every date of hearing until Signed By :

SOURAV GHOSH High Court of Calcutta 8 th of November 2024 05:42:00 AM

further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

6. In the event he fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court.

7. The application for bail, thus, stands allowed. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By :

SOURAV GHOSH High Court of Calcutta 8 th of November 2024 05:42:00 AM