Rajen Sk. v. The State Of West Bengal

07.03.2024 Sl. No.28 akd [ALLOWED] C. R. M. (DB) 739 of 2024 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 27.02.2024 in connection with Nimta Police Station Case No.489 of 2023 dated 03.11.2023 under Sections 306/506 of the Indian Penal Code. (G.R. Case No.9023 of 2023) And In Re: Rajen Sk.

... ... Petitioner Mr. Dhananjay Banerjee Ms. Oindrila Ghosh ... ... for the petitioner Mr. Ranabir Roy Chowdhury Mr. Arindam Sen ... ... for the State

1. It is submitted on behalf of the petitioner that there was delay in lodging FIR. It is further submitted there was a romantic relationship between the petitioner and the deceased. Out of depression, victim committed suicide. Accordingly, he prays for bail.

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

3. We have considered the materials on record. There was a romantic relationship between the parties. Petitioner refused to marry. As a result, victim committed suicide. Victim did not leave behind any suicide note. Whether the petitioner had abetted the suicide requires to be assessed in the light of the aforesaid circumstances during trial.

There is no chance of abscondence.

Under such circumstances, we are of the opinion further detention of the accused/petitioner is not necessary.

4. Therefore, the accused/petitioner, namely Rajen Sk., 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, Barrackpore, North 24-Parganas subject to condition that the said petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

5. In the event he fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court.

6. The application for bail, thus, stands allowed. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)