28. 19.02.2025 Court No.29 (Tanmoy) Allowed IN THE HIGH COURT AT CALCUTTA CRIMINAL MISCELLANEOUS JURISDICTION CRM (DB) 31 of 2025 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure, 1973 / Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, arising out of Pandua Police Station Case No. 216/2024 dated 27.4.2024 under Sections 302/34 of the Indian Penal Code. And In the matter of: - SANKAR KSHETRAPAL @ SANKAR @ SHANKAR AND ORS. …petitioners. Mr. Sanat Kumar Das Mr. Sujan Chatterjee Mr. Rohan Banshi Ms. Shreyansi Sarkar …for the petitioners. Mr. Ranadeb Sengupta Mr. Atulya Sinha …for State. Dictated by Arijit Banerjee, J. 1. The petitioners say that they have been falsely implicated in this case. The petitioner nos. 1 and 2 are in custody for about 296 days. The petitioner no.3 is in custody for about 103 days. They say that investigation is complete and charge-sheet has been submitted. Charge has also been framed. Their further custodial detention is not necessary. They pray for bail. 2. While opposing the prayer for bail learned State Advocate draws our attention to statements of witnesses recorded under Section 164 of the Criminal Procedure Code, 1973. We find that no specific role has been attributed to these petitioners. However, the witnesses talk of indiscriminate assault on the victim by all the accused persons. But, from the post mortem report we find Signed By : TANMOY GHOSH High Court of Calcutta 20 th of February 2025 11:08:31 AM 2 that there are no multiple injuries. Internal hemorrhage is mentioned as the immediate cause of death. No other external injuries have been noted in the post mortem report. 3. On an overall assessment of the material on record and considering that charge has already been framed, we are of the view that further custodial detention of the petitioners is not necessary. Hence, we allow the petitioners’ prayer for bail. 4. Accordingly, we direct that the petitioners, namely, 1. SANKAR KSHETRAPAL @ SANKAR @ SHANKAR, 2. TINKU SINGH, 3. PARITOSH KSHETRAPAL shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand) each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Hooghly at Chinsurah, subject to condition that the petitioners shall appear before the Trial Court on each and every date of substantive hearing subject to the provisions of Section 317 of the Code of Criminal Procedure, 1973 / Section 355 of Bharatiya Nagarik Suraksha Sanhita, 2023, and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever and on further condition that the petitioners, while on bail, shall remain within the territorial jurisdiction of Chinsurah Police Station and shall furnish their present address to the Inspector-in-Charge of the said Police Station and the petitioner nos. 1 and 3 shall meet the Inspector-in-Charge of Chinsurah Police Station, once in a week until further orders. Signed By : TANMOY GHOSH High Court of Calcutta 20 th of February 2025 11:08:31 AM 3 5. In the event the petitioners fail to adhere to any of the conditions stipulated above without any justifiable cause, the Trial Court shall be at liberty to cancel their bail in accordance with law without further reference to this Court. 6. The application for bail being CRM (DB) 31 of 2025 is accordingly disposed of. 7. Criminal Section is directed to make available urgent photostat certified copies of this order to the parties, if applied for, upon compliance with all requisite formalities. (Apurba Sinha Ray, J.) (Arijit Banerjee, J.) Signed By : TANMOY GHOSH High Court of Calcutta 20 th of February 2025 11:08:31 AM