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Calcutta High CourtCRM (A)/187/2025allowed

Pranballav Debnath @ Ballav Debnath And ORS v. The State Of West Bengal

2025-02-05Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Subhendu Samanta2 pages

05.02.2025 Sl. No.45 tkm C. R. M. (A) 187 of 2025 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Nabadwip Police Station Case No.865 of 2024 dated 29.12.2024 under Sections 108/3(5) of BNS 2023.

And In Re: Pranballav Debnath & Ors.

... ... Petitioners Mr. S Majumder ... ... for the petitioners Ms. Z N Khan Ms. Chandreyi Dutta ... ... for the State

1. Petitioner no. 3 is the wife of the deceased husband. Petitioner nos. 1, 2, 4, 5 and 6 are his in-laws. Out of depression victim had committed suicide. Belatedly a case was registered alleging they poured poison into the victim's mouth. They pray for anticipatory bail.

2. Learned lawyer for the State opposes the prayer.

3. We have considered the materials on record. Petitioner no. 3 is the wife of the deceased husband. The case was registered on the basis of an application under section 175(3) of BNSs 2023 alleging petitioners had poured poison into the victim's mouth. Notwithstanding such allegation, petitioners were charged under section 108 of BNS 2023 i.e. abetment to suicide in the said application itself. This casts serious doubt with regard to credibility of the accusation that the petitioners had poured poison into the victim's mouth. In this background we are of the opinion custodial integration of the petitioners is not necessary and they may be granted anticipatory bail.

4. Accordingly, we direct that in the event of arrest, the petitioners shall 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 BNSS 2023.

5. Petitioners shall appear before the jurisdictional court and pray for regular bail within four weeks from date.

6. The application being CRM (A) 187 of 2025 is disposed of. (Subhendu Samanta, J.) (Joymalya Bagchi, J.)