Sukchand Sk v. State Of West Bengal

118.

17-03-2025 (ct. no.29) (allowed) debajyoti CRM (DB) 394 of 2025 In re: An application for bail under Section 439 of the Code of Criminal Procedure/483 of the Bhartiya Nagarik Suraksha Sanhita in connection with Dhubulia Police Station Case No.292 of 2024 dated 11-08-2024 under Sections 85/80(2)/103(1)/3(5) of the Bharatiya Nyaya Sanhita.

- A n d - In the matter of : Sukchand Sk .... Petitioner.

Mr. Sumanta Das ... For the Petitioner.

Mr. Debasish Roy, learned Public Prosecutor, Mr. Arijit Ganguly, Mr. Koushik Kundu ... For the State.

Dictated by Apurba Sinha Ray, J.

1. Learned advocate for the petitioner submits that the petitioner is in custody for 407 days. Investigation is complete. The wife of the petitioner has committed suicide. However, as the investigation is complete, he may be enlarged on bail on any condition.

2. Learned advocate for the State opposes the prayer for bail. He draws our attention to the materials in the Case Diary.

3. We have considered the materials in the Case Diary including the Post Mortem Report. It is found therefrom that the death was due to hanging by neck which was ante mortem and suicidal in nature. It is true that the victim

committed suicide within three years of her marriage. However, as the investigation is complete, we are inclined to allow the prayer of the petitioner for bail on certain conditions.

4. Accordingly, we direct that the petitioner, namely, Sukchand Sk, shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand), with two sureties of like amount each, one of whom must be local, to the satisfaction of learned Chief Judicial Magistrate, Nadia at Krishnagar. The petitioner shall appear before the learned trial Court on every date of hearing and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever and/or commit any cognizable offence in any manner whatsoever. The petitioner shall remain within the jurisdiction of local police station and shall report to the Officer-in-Charge/Inspector-in-Charge of the said police station once in a fortnight, until further orders. 5.

In the event the petitioner fails to comply with any of the conditions stipulated above, the trial Court shall be at liberty to cancel the bail in accordance with law without further reference to this Court.

6. The application for bail is, thus, allowed.

7. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

8. Criminal Section is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities.

(Arijit Banerjee, J.) (Apurba Sinha Ray, J.)