BISHNUPUR POLICE STATION CASE No. 145 of 2023 · Calcutta High Court
Case at a glance
Provisions considered
- Code of Criminal Procedure, 1973 s. 439
- Indian Penal Code, 1860 ss. 34, 120B, 302
Key paragraphs
- Para 11. It is submitted on behalf of the petitioner he is in custody for one year and six months. He further submits he has been falsely implicated. Co-accused has been enlarged on bail. Accordingly, he prays for bail.
- Para 66. The application for bail, thus, stands allowed. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By : SOURAV GHOSH High Court of Calcutta 7 th of November 2024 11:07:17 PM
Judgment
Mr. Debabrata Acharyya Ms. Sital Samanta … … for the petitioner Ms. Amita Gaur Mrs. Shiala Afrin … … for the State
It is submitted on behalf of the petitioner he is in custody for one year and six months. He further submits he has been falsely implicated. Co-accused has been enlarged on bail. Accordingly, he prays for bail.
Learned Advocate for the State submits CDRs recovered during investigation show telephonic conversation between the petitioner and the co-accused who committed the murder.
We have considered the materials on record. Complicity of the petitioner is based on circumstantial evidence. Co-accused Pradip Gayen has been enlarged on bail. Under such circumstances, we are inclined to extend the same privilege to the petitioner also.
Therefore, the accused/petitioner, namely Bhaskar Mal, be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only), with two sureties of like amount 2 each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, South 24-Parganas at Alipore subject to condition that the said petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever and on further condition that the petitioner, while on bail, shall not leave the jurisdiction of Bishnupur Police Station except for the purpose of attending court proceedings and shall report to the Officer-in-charge, Bishnupur Police Station once in a week until further orders.
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 for bail, thus, stands allowed. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By : SOURAV GHOSH High Court of Calcutta 7 th of November 2024 11:07:17 PM
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.