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Judgments of Supreme Court of India and High Courts

Tuhin Ghosh vs Unknown on 19 July, 2018

1

62 19.07.2018
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

And

In the matter of : Tuhin Ghosh
…Petitioner.

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
2

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

legal formalities.

(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)

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