Calcutta High Court (Appellete Side)
448/323/325/302/34 Of The Indian Penal … vs In Re : Munil Rajak @ Munilal on 8 April, 2025
Author: Suvra Ghosh
Bench: Suvra Ghosh
08.04.2025
37
jb.
jdt.
Allowed
C.R.M. (DB) 578 of 2025
In Re : An Application for bail under Section 439 of the Code of
Criminal Procedure/under Section 483 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 filed in connection with Jagaddal Police
Station Case No. 229 of 2024 dated 29.06.2024 under Sections
448/323/325/302/34 of the Indian Penal Code.
And
In Re : Munil Rajak @ Munilal
… Petitioner.
Mr. A. Jana
Mr. Subhrajit Chowdhury
… For the Petitioner.
Zareen Nasema Khan
Mr. Subham Gani
… For the State.
The petitioner is in custody for 130 days.
Learned counsel for the petitioner submits that the post
mortem report of the victim records that death of the victim was
due to effect of bronchopneumonia associated with the diseased
conditions of the other organs as indicated in the report. Co-
accused have been granted anticipatory bail. Further detention of
the petitioner is not required.
Learned counsel for the State produces the case diary and
opposes the prayer for bail.
I have considered the material on record.
Charge-sheet has been submitted.
In view of the material available in the case diary
particularly the cause of death of the victim as reflected from the
post mortem report, this Court is inclined to hold that further
detention of the petitioner is not required.
Accordingly, the prayer for bail is allowed.
2
The petitioner namely Munil Rajak @ Munilal shall be
released on bail upon furnishing 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 the learned Additional
Chief Judicial Magistrate, Barrackpore subject to condition that
he shall appear before the learned trial Court on every date of
hearing fixed by the learned trial Court and he shall not tamper
with the evidence or intimidate the witnesses in any manner
whatsoever.
In the event the petitioner fails to appear before the learned
trial Court on any date fixed for hearing without any justifiable
cause, the learned trial Court shall be at liberty to cancel his bail
in accordance with law without further reference to this Court.
The application for bail is disposed of.
All parties shall act on the server copy of this order duly
downloaded from the official website of this Court.
Urgent certified website copy of this order, if applied for, be
supplied to the parties upon compliance with all requisite
formalities.
(Suvra Ghosh, J.)
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