Subhas Das on 6 May, 2025

Calcutta High Court (Appellete Side)

326/307 Of The Indian Penal Code vs In Re : Subhas Das on 6 May, 2025

Author: Suvra Ghosh

Bench: Suvra Ghosh

06.05.2025
Item No.51
Ct.No.34
rc.

Allowed

C.R.M. (DB) 958 of 2025

In Re : An Application for bail under Section 439 of the Code
of Criminal Procedure read with Section 483 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 in connection with
Serampore Police Station Case No. 224 of 2022 dated
26.06.2022 under Sections 341/323/326/307/506 of the
Indian Penal Code though charges are framed under Sections
326/307 of the Indian Penal Code.

                                       And

             In Re :         Subhas Das                       ... Petitioner


             Mr. Nilendra Narayan Ray
             Mr. Vaskar Pal                              ... for the Petitioner

             Ms. Sreyashee Biswas
             Ms. Suveni Banerjee                              ... For the State

Heard learned counsels for the parties.

The petitioner is in custody for more than two years

and prays for bail.

Learned counsel for the petitioner submits that only

two out of eleven witnesses have been examined so far.

Learned counsel for the State opposes the prayer and

submits that offending weapon has been recovered from the

house of the petitioner. Eye witnesses have implicated the

petitioner.

I have considered the material on record. The

petitioner is in custody for more than two years. Trial will

take some time to complete. The injured has been discharged

from the hospital. Further detention of the petitioner is not
2

required. He may be granted bail subject to stringent

conditions.

Accordingly, prayer for bail of the petitioner is allowed.

The petitioner Subhas Das 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, Serampore, Hooghly subject to condition

that he shall remain outside the jurisdiction of Serampore

Police Station and shall furnish the address where he shall

presently reside before the learned trial Court, Investigating

Officer and the Officer-in-Charge of the concerned police

station under whose jurisdiction he shall henceforth reside.

The petitioner shall appear before the learned trial Court on

every date of hearing. He shall not intimidate witnesses or

tamper with evidence in any manner whatsoever.

In the event the petitioner fails to comply with any of

the conditions as mentioned above without 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, thus, disposed of.

Case Diary be returned.

Urgent certified website copy of this order, if applied

for, be supplied to the parties upon compliance with all

requisite formalities.

(Suvra Ghosh, J.)