Subhas Shikari @ Liton v. State Of West Bengal

11.04.2022 Serial no. 07 [Dd] (Anticipatory bail Allowed) CRM (A) 1629 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Kalyani Police Station Case No. 79 of 2022 dated 08.03.2022 under Sections 306/34 of the Indian Penal Code.

-AndIn the matter of : Subhas Shikari @ Liton ... ... Petitioner Ms. Minoti Gomes, Advocate ... ... For the Petitioner Mr. Bidyut Kr. Roy, Ms. Rita Datta, Advocates ... ...For the State Petitioner seeks anticipatory bail.

Learned advocate appearing for the petitioner submits that there is a history of disputes relating to immovable property. She refers to the civil suit pending between the private parties.

Learned advocate appearing for the State submits that the victim was initially assaulted whereupon, the victim committed suicide. She refers to the contents in the case diary.

Apparently, the police are not investigating a case of assault. The police are investigating a case of abetment to suicide.

Considering the gravity of the offence and the involvement of the petitioner therein, we are inclined to grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond

of Rs.10,000/- (Rupees Ten Thousand Only), with two sureties of like amount each, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioner shall report before the Investigating Officer once in a week till the conclusion of the investigation and on further condition that the petitioner shall appear every day before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court.

Prayer for anticipatory bail of the petitioner is allowed.

CRM (A) 1629 of 2022 is disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)