AB Court 28
C.R.M. 4745 of 2018
In Re : An application for bail under Section 439 of the Code of
Criminal Procedure in connection with Dholahat P.S. Case No.
348 of 2017 dated 30.9.2017 under Sections 498A/306/304B
of the Indian Penal Code
In the matter of : Tuhin Ghosh
Mr. Pritha Majumder …for the Petitioner.
Mr. S. G. Mukherjee, Ld. PP,
Mr. Partha Pratim Das…for the State.
It is submitted on behalf of the petitioner that he is in
custody for 293 days and it is further submitted that there is
hardly any progress in the matter before the trial court.
Learned counsel appearing for the State opposes the
prayer for bail and submits that date has been fixed for
consideration of charge.
Having considered the materials on record and bearing
in mind the protracted period of detention suffered by the
petitioner and the fact that the victim died due to suicidal
hanging and that trial has not commenced as yet, we are of the
opinion that further detention of the petitioner is not necessary.
Accordingly, we direct that the petitioner shall be
released on bail upon furnishing a bond of Rs.10,000/-(Rupees
Ten Thousand only) with two sureties of like amount each, one
of whom shall be local, to the satisfaction of the learned
Additional Chief Judicial Magistrate, Kakdeep on condition that
he shall appear before the trial court on every date of hearing
and shall not intimidate witnesses nor tamper with evidence in
any manner whatsoever.
In the event the petitioner fails to appear before the trial
court, the trial court shall be at liberty to cancel his bail without
further reference to this Court.
The application for bail is, accordingly, allowed.
Urgent Photostat Certified copy of this order, if applied
for, be supplied expeditiously after complying with all necessary
(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)