Shiva Toppo v. The State

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR *** CRM(DB)/19/2023 Shiva Toppo Vs.

The State Mr. R. Pradeep ... for the petitioner Ms. A.S.Zinu ... for the State December 21, 2023 [SR] Item No.2 The petitioner is only 19 years of age. However, the accusation against him is most serious. He along with others are charged under sections 302/201/34 of the Indian Penal Code for murdering a 42 years old man. He is in custody from 2nd September, 2023.

Ms. Zinu learned advocate for the State submits that investigation is complete. Charge sheet has been submitted but charges have not been framed till date. She submits that if released on bail, the accused will try to influence the witnesses. She opposes this application for bail. On the other hand, learned counsel for the petitioner assures this Court that his client would not leave the Middle Andaman Islands where he resides and would attend the court on each and every date fixed for trial.

Considering the above facts and the submissions made, we allow this application for bail on the following terms and conditions:-

The accused petitioner be released on bail upon furnishing of two sureties of Rs.10,000/- each to the satisfaction of the Chief Judicial Magistrate, Port Blair. The accused shall not leave the Middle Andaman Island without the leave of this Court or the learned trial Judge. He shall not enter South Andaman or Swaraj Dweep without the above leave. He shall attend the Court on each and every date of trial. He shall not leave these islands without the permission of the appropriate Court.

The application for bail is accordingly disposed of on the above terms.

( I.P.Mukerji, J.) ( Shampa Dutt (Paul), J.)