Rajendra Kumar Karmakar v. State Of West Bengal

C.R.M. (A) 25 of 2023 06.01.2023 Sl.9 Court No.29 (AD) (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Habibpur Police Station Case No.324 of 2022 dated 07.10.2022 under Sections 302/34 of the Indian Penal Code, 1860. And In the matter of: Rajendra Kumar Karmakar ....petitioner.

Mr. Avinaba Patra Mr. Partha Sarathi Das Ms. Souraja De ...for the petitioner.

Mr. Sanjoy Bardhan Ms. Baishakhi Chatterjee ...for the State.

Petitioner prays for anticipatory bail.

The post-mortem report of the victim suggests that the death was due to the effect of hanging noted therein, antemortem in nature. Apart from the non-continuous ligature mark, apparently no other injury on the body of the victim was noted.

Considering the gravity of the offence and the involvement of the petitioner in the incident, we grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest, the petitioner shall be released on bail upon furnishing a Bond of Rs.10,000/- (Rupees Ten Thousand Only), with two sureties of like amount each, to the satisfaction of the Arresting Officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the petitioner will report before the Investigating Officer once a fortnight till the conclusion of the investigation and on condition

that the petitioner shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court.

Accordingly, the prayer for anticipatory bail of the petitioner is allowed.

C.R.M. (A) 25 of 2023 is, thus, disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)