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2025 DAILYLAW 28701 (CAL)

ASOK KUMAR HATUA v. THE STATE OF WEST BENGAL

CRM(M)/782/2025 · 2025-08-29

Suvra Ghosh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

August 29, 2025 5 ARDR (Interim bail Allowed) CRM (M) 782 of 2025 In Re : An Application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Tamluk Police Station Case No. 185 of 2025 dated 6/3/2025 under Sections 420/465/466/467/468/471/120B/406/409 of the Indian Penal Code. And In Re : Asok Kumar Hatua ... Petitioner. Sr. Adv. Sekhar Kumar Basu, Adv. Jakir Hossain, ... for the petitioner. Adv. Anand Kerhsi, Adv. Abhinaba Mukherjee ... for the State. The petitioner seeks bail solely on medical grounds. Heard learned counsels for the parties. Perused the report submitted by the Senior Medical Officer, Presidency Correctional Home. It appears that the petitioner has undergone DDDR pacemaker implantation on 28th July, 2025 and was discharged on 31st July, 2025. He is experiencing difficulty in walking, generalised pain, weakness and his condition appears to be clinically unstable. Learned counsel for the petitioner submits that the petitioner needs to be released on bail for proper care and treatment which can be rendered by his family members and is not possible at the correctional home. On merits, the petitioner does not deserve a favourable order at this stage. However, it prima facie appears from the medical report that the petitioner requires continuous care, supervision and treatment which may not be adequately rendered to him at the correctional home. It is also known that the status of an under trial 2 prisoner and a free person may be considered to be different at the hospitals. Solely on the medical grounds of the petitioner, this Court is inclined to release the petitioner on interim bail. Accordingly the prayer for interim bail is allowed. The petitioner namely Asok Kumar Hatua be released on interim 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 Chief Judicial Magistrate, Purba Medinipur subject to the following conditions: (i) He shall remain at his residence except for the purpose of appearing before the Court and visiting the hospitals/doctors; (ii) He will be visited by his counsels, attending doctors and relatives and none else at his residence; (iii) He shall appear before the learned trial Court on every date of hearing fixed by the learned Court. (iv) He shall not intimidate witnesses or tamper with evidence in any manner whatsoever; (v) He shall provide his mobile phone number to the learned trial Court, Investigating agency and the officer in charge of the police station under whose jurisdiction he shall presently reside and shall not change the same without prior intimation to the said authorities. In the event the petitioner fails to adhere to any of the conditions stated above without any justifiable cause, the learned trial Court shall be at liberty to cancel his interim bail in accordance with law without further reference to this Court. 3 The interim bail shall continue till 31st October, 2025 or until further orders, whichever is earlier. Let the matter appear under the same heading on 28th October, 2025. 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.)