Shahnawaz Hossain @ Chotu v. The State Of West Bengal

16.

20.02.2025.

Court No.26 (Pritam) (Allowed)

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION CRM (DB) 4153 of 2024 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure, 1973 / Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, arising out of Howrah Police Station Case No.294/2024 dated 02.08.2024 under Sections 103(1) of the BNS, 2023.

And In the matter of: - Shahnawaz Hossain @ Chotu. ...petitioner.

Mr. Soumya Basu Roy Chowdhuri ...for the petitioner.

Mr. Debasish Roy, Ld. P.P., Ms. Rita Dutta ...for the State.

1. Materials on record do not suggest that there is any eye-witness who saw any person pushing the victim to his death.

2. Possibility of an accidental death remains since, the incident occurred in an under-construction building.

3. In such circumstances, we grant bail to the petitioner.

4. Accordingly, we direct that the petitioner, namely, Shahnawaz Hossain @ Chotu. shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand), with two sureties of like amount each, one of whom must be local, to the satisfaction of learned C.J.M, Howrah. The petitioner shall appear before the trial Court on each and every date of substantive hearing subject to the provisions of Section 317 of the Code of Criminal

Procedure, 1973 / Section 355 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever.

5. In the event the petitioner fails to comply with any of the conditions stipulated above, the trial Court shall be at liberty to cancel the bail in accordance with law without further reference to this court.

6. The application for bail being CRM (DB) 4153 of 2024 is, thus, disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)