Gopal Saha v. State Of West Bengal
15.
07-03-2025 CRM (DB) 772 of 2025 (ct. no.29) S. De (Allowed) In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure as amended under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Taherpur Police Station Case No. 480 of 2024 dated 24.09.2024 under Sections 85/80/3(5) of the Bhartatiya Nyaya Sanhita 2023 with added Sections 3 /4 of the Dowry Prohibition Act, 1961.
And In the matter of : Gopal Saha.
......Petitioner.
Mr. Shibaji Kumar Das, Mr. Dipendu Sarkar, ......for the Petitioner.
Mr. Debasish Roy, Ld. P.P., Mr. Arijit Gangully, Mr. Koushik Kundu, ......for the State.
Dictated by Arijit Banerjee, J.
1. The petitioner is the husband of the victim lady who committed suicide after four years of marriage. The petitioner says that the main allegation is against his mother being the victim's mother-in-law who was granted anticipatory bail by a co-ordinate Bench by an order dated February 28, 2025, passed in CRM (A) 715 of 2025. He is in custody for 160 days. Chargesheet has been filed upon completion of investigation. There is no such material on record as would justify his further custodial detention.
2. Learned State counsel draws our attention to the post mortem report which is to the effect that the cause of death was hanging and ante mortem in nature. We have also seen the statements of neighbours under Section 183 of the Bharatiya
Nagarik Suraksha Sanhita, 2023. The allegation appears to be primarily against the petitioner's mother.
3. In view of the aforesaid, we are of the opinion that the petitioner's prayer for bail may be allowed.
4. Accordingly, we direct that the petitioner, namely, Gopal Saha shall be released on bail upon furnishing a bond of Rs.10,000/- each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Ranaghat, Nadia subject to the condition that he shall remain within the jurisdiction of the Taherpur Police Station and shall also appear before the Inspector-in-Charge, Taherpur Police Station once in a fortnight until further orders.
5. The petitioner shall appear before the trial Court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever.
6. In the event the petitioner fails to adhere to any of the conditions stipulated above without justifiable cause, the trial court shall be at liberty to cancel the petitioner's bail in accordance with law without further reference to this court.
7. The application for bail is, accordingly, allowed.
8. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Prasenjit Biswas, J.) (Arijit Banerjee, J.)