Mukesh Majhi v. The State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI APPELLATE SIDE 27.02.2023. C.R.M. (DB) 100 of 2023 105/tkm In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Ghoksadanga P.S case no. 434 of 2021 dated 19.11.2021 under sections 302/34 IPC and Allowed In Re : Mukesh Majhi ...... petitioner Mr. S Misra Mr. S Das ...... for the petitioner Mr. Kallol Acharjee Mr. Tapan Bhattacharjee ...... for the State Petitioner is in custody for 290 days. He submits there is no direct evidence of murder. He renews his prayer for bail. Learned lawyer for the State submits victim made an oral dying declaration to the mother and another witnesses. His bail prayer was rejected earlier on merits.

We have considered the materials on record. There is no eye-witness to the incident. Though the mother and another witness claimed victim made an oral dying declaration, there is no medical evidence to show that the victim was in a position to speak. Charge has not been framed as yet. Under such circumstances and in view of the period of detention suffered by the petitioner, we are inclined to grant bail to the petitioner.

Accordingly, the petitioner 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 ACJM, Mathabanga, Cooch Behar on condition that the petitioner shall appear before the trial court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

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. The application being CRM (DB) 100 of 2023 is disposed of.

(Subhendu Samanta,J.) (Joymalya Bagchi, J.)