Pasupati Ghosh v. State Of West Bengal

19.12.2023 sdas allowed CRM(DB) No. 4385 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Mejia Police Station Case No. 56 of 2023 dated 19.06.2023 under Sections 341/323/324/325/326/307 of the Indian Penal Code. And In Re : Pasupati Ghosh ...... petitioner Mr. Samiran Mandal Mr. Abhinaba Dan Mr. Mrinal Kanti Sardar ....for the petitioner Md. Anwar Hossain Ms. Manasi Roy .... for the State 1.

Learned Counsel for the petitioner submits he is in custody for 176 days. Investigation is complete. He prays for bail.

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

3. We have considered the materials on record. Balancing the nature of accusation with the period of detention suffered and as investigation is complete, we are inclined to grant bail.

4. Accordingly, we direct that the petitioner 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, Bankura, subject to conditions that petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever.

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

6. The application for bail is, accordingly, allowed. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)