Calcutta High CourtCRM/2500/2021disposed

Subhrajit Das@Tukai Das v. State Of West Bengal

2021-08-06Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Suvra Ghosh2 pages

06.08.2021 Item no. 59 Court No.32.

S.De (allowed) (Via Video Conference) CRM No. 2500 of 2021 In Re: An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure filed on 08.03.2021 in connection with Ranaghat Police Station Case No. 283 of 2020 dated 15.12.2020 under Sections 306/376(2)(f) of the Indian Penal Code.

And In the matter of : Subhrajit Das @ Tukai Das. ......Petitioner.

Ms. Minoti Gomes, Advocate, ......for the Petitioner.

Ms. Sananda Bhattacharyya, Advocate, ......for the defacto complainant.

Mr. Zareen N. Khan Mr. Mirza Firoj Ahmed Begg ...for the State.

The allegation is that the petitioner who was a private tuitor of the victim girl, had promised to marry her. Subsequently, he went back on his promise. As a result, the victim girl went into depression and committed suicide. We have seen the material in the case diary including the First Information Report and statements of witnesses recorded under Section 161 of the Code. As of now, there is no material available before us which incriminates the petitioner.

We are told that the investigation is in progress and charge sheet is yet to be submitted. The petitioner says that he will co-operate fully with the Investigating Officer. Accordingly, in the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/-, with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer and shall abide by the conditions laid down in Section 438(2) of the Code of Criminal Procedure until further orders.

In case the petitioner fails to adhere to any of the conditions mentioned in Section 438(2) of the Code, the learned Court below shall be entitled to cancel the anticipatory bail without further reference to this Court.

The application for anticipatory bail being CRM 2500 of 2021 is, thus, allowed.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Suvra Ghosh, J.) (Arijit Banerjee, J.)