Sk Alauddin And ORS v. The State Of West Bengal

17.01.2025 as [ALLOWED] C. R. M. (A) 175 of 2025 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Kolaghat Police Station Case No. 675 of 2024 dated 11.09.2024 under Sections 3(5)/85/103(1) of BNS, 2023 and charge sheet submitted under Sections 85/108/3(5) of BNS, 2023 In Re: Sk. Alauddin & Ors.

... ... Petitioners Mr. Ali Ahsan Alamgir, Syed Ujjaman, Ms. Soma Mal, Ms. Rabia Khatoon.

... ... for the Petitioners Mr. Soumik Ganguly, Mrs. Rituparna Saha.

... ... for the State Mr. Arnab Chatterjee, Mr. Julfikar Mallick.

...for the de-facto complainant 1.

Petitioners are the in-laws of the victim-wife. It is contended allegation of murder was not found substantiated and charge sheet was submitted for abetment to suicide. Accordingly, they pray for anticipatory bail.

2.

Learned Advocate for the State opposes the prayer for anticipatory bail.

3.

Learned Advocate for the de-facto complainant also opposes prayer for anticipatory bail.

4.

We have considered the materials on record including the statement of the child. In his statement the child alleged the inlaws had threatened to kill his mother. However, investigation reveals that the victim had committed suicide. Apart from Signed By : ALOK SETH High Court of Calcutta 17 th of January 2025 05:57:05 PM

ligature mark on the neck no other injury is noted in the post mortem report. This improbabilises any allegation of physical assault.

5.

Under such circumstances, we are inclined to grant anticipatory bail to the petitioners.

6.

Accordingly, we direct that in the event of arrest, the petitioners be released on bail upon furnishing a bond of Rs.10,000/- each, with two sureties of like amount each, to the satisfaction of the Arresting Officer and also subject to the conditions as laid down under Section 482(2) of the BNSS and on further condition petitioners while on bail shall meet the Investigating Officer once in a month until further orders. They shall appear before the jurisdictional court and pray for regular bail within four weeks from date.

7.

The application for anticipatory bail is, thus, disposed of. (Uday Kumar, J.) (Joymalya Bagchi, J.) Signed By : ALOK SETH High Court of Calcutta 17 th of January 2025 05:57:05 PM