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Calcutta High CourtCRM/1104/2021allowed

Arnab Singh @ Guja v. State Of West Bengal

2021-03-23Hon'Ble Justice Harish Tandon,Hon'Ble Justice Tirthankar Ghosh3 pages

23.03.2021 Item No.113 Ct.No.28 Subha Allowed C.R.M. 1104 of 2021 (Via Video Conference) In Re: An application for bail under Section 439 Cr.P.C in connection with Arambagh Police Station Case No. 366 of dated October 8, under Sections 498A/304(B)/306/34 of the Indian Penal Code (G. R. Case No. 994 of 2020).

In the matter of : Arnab Singh @ Guja ... Petitioner. Mr. Suman Sengupta ... For the Petitioner.

Mr. S. G. Mukherjee, PP Mr. Aniket Mitra ... For the State.

The present application under Section 439 of the code of Criminal Procedure has been preferred by the petitioner in connection with Arambagh Police Station Case No. 366 of 2020 dated October 8, 2020 under Sections 498A/304(B)/306/34 of the Indian Penal Code (G. R. Case No. 994 of 2020).

Mr. Chakraborty, learned advocate appearing for the petitioner submits that the present petitioner is in

custody for a considerable period of time and is the elder brother-in-law of the deceased.

It is also submitted that the allegations are fabricated and the role of the petitioner has been related for only abeting in the commission of the alleged offence. Mr. Mukherji, learned Public Prosecutor opposes the prayer for bail and submits that after three years of marriage being solemnized, the present incident has taken place and the victim allegedly committed suicide because of the physical and mental pressure inflicted upon by the inmates of the matrimonial home.

We have perused the materials on record available in the case diary which include the statement of the witnesses as also the statement of the relations of the victim. Having regard to the allegations, which are made against the present petitioner, we do not find any special attribute and as such, further detention of the petitioner is unwarranted. Accordingly, the prayer for bail of the present petitioner is allowed.

Accordingly, we direct that the petitioner namely, Arnab Singh alias Guja shall be released on bail upon furnishing a bond of Rs.10,000/(Rupees Ten Thousand only) with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Arambagh, Hooghly on the condition that the petitioner shall not tamper with the evidence in any

manner whatsoever; the petitioner shall not intimidate the witnesses; the petitioner shall meet the Inspector-in-Charge of the Arambagh police station on every alternative day and shall also attend the Court on each day of its listing. It is made clear that failure to attend the Court on a solitary day without any justifiable reason shall disentitle the petitioner to the privilege of bail. It shall be open to the learned Sessions Judge to cancel the bail without any further reference to this Court.

The application for bail, being CRM 1104 of 2021, is thus disposed of.

(Harish Tandon, J.) (Tirthankar Ghosh, J.)