30.05.2024
Item No.18
Ct. No. 8
CHC/ S.De
Allowed
(VACATION BENCH)
C.R.M.(DB) 1730 of 2024
In Re:- An application for bail under Section 439 of the Code of
Criminal Procedure, 1973, in connection with Pragati Maidan
Police Station Case No. 53 of 2024 dated 27.03.2024 under
Sections 304/34 of the Indian Penal Code.
And
In the matter of : Dipak Das
...… petitioner
Mr. Pritam Roy,
Mr. Soewel Bhattacharya,
Ms. Sarmistha Basak
.…for the petitioner
Mr. Arindam Sen,
Mr. Bikram Mitra
.…for the State
Learned advocate appearing for the petitioner submits
that the petitioner is in custody for 62 days and the incident if
at all accepted to be true in its entirety was on grave and
sudden provocation and there was no guilty mind attached so
far as the present petitioner is concerned.
Learned advocate for the petitioner under such
circumstances submits that the petitioner be released on bail
on any stringent condition.
Learned advocate for the State opposes the prayer for bail
and draws the attention of the Court to the injury report as also
the Post Mortem Report and submits that because of the head
injury, the victim succumbed to the injuries and it is the
Signed By :
CHINMOY
CHAKRABORTY
High Court of
Calcutta
30 th of May 2024
08:15:20 PM
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petitioner who was principally involved in commission of the
alleged offence.
We have taken into account the submissions as well as
the materials appearing in the Case Diary and having regard to
the period of detention of the present petitioner and the fact
that all the accused persons have been arrested in connection
with the instant case, as also the fact that there was no pre-
concerted design in the alleged commission of the offence, we
are of the view that further detention of the petitioner is
unwarranted in the facts and circumstances of the present
case.
Accordingly, the petitioner shall furnish a bond of
Rs.10,000/-(Rupees Ten Thousand only), with two sureties of
like amount each, one of whom must be local, to the
satisfaction of Learned Additional Chief Judicial Magistrate,
Alipore, South 24 Parganas. If on bail, the petitioner shall meet
with the Investigating Officer of the case once in a week till the
submission of the charge-sheet. If the presence of the petitioner
is further required or his appearance is to be ensured before the
Trial Court, prosecution/investigating agency will advance such
prayer which the Learned A.C.J.M., Alipore who will consider
the same after submission of the charge-sheet. If the petitioner
intends to leave the jurisdiction of the District of Kolkata, and
24 Parganas (South), petitioner shall seek permission from the
Learned A.C.J.M., Alipore or the Trial Court in seisin of the
case.
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Any violation of condition of the bail will entitle the
Learned Trial Court or the Learned Magistrate in seising of the
matter to cancel the bail without further reference to this Court.
This application for bail is, thus, allowed.
CRM(DB) 1730 of 2024 is disposed of.
(Tirthankar Ghosh, J.)
(Biswaroop Chowdhury, J.)