Calcutta High CourtCRM/2891/2021allowed

Goutam Mondal And ANR v. State Of West Bengal

2021-05-27Hon'Ble Justice Tapabrata Chakraborty,Hon'Ble Justice Sugato Majumdar2 pages

27.05.2021 Court No.28 rpan /19 C.R.M. 2891 of 2021 (Via Video Conference) In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure;

And In Re : Goutam Mondal & Another - Petitioners.

Mr. Kusal Kumar Mukherjee ... for the petitioners.

Mr. S. S. Imam, Md. Arif Hossain ... for the State.

Apprehending arrest in connection with Hanskhali P.S. Case No.34 of 2021 dated 17.01.2021 under Section 306 of the Indian Penal Code, the petitioners have filed the present application. Mr. Mukherjee, learned advocate appearing for the petitioners submits that the petitioners have been falsely implicated and the allegations levelled against them are absolutely unfounded and in view thereof, custodial interrogation / detention of the petitioners is not necessary.

Records reveal that the matter was last heard on 21st May, 2021 when the learned advocate appearing for the State was directed to produce the original suicide note. Pursuant thereto, the same has been produced before us. Let a photocopy of the same be kept on record.

Having heard the learned advocates and considering the contents of the suicide note, the nature of allegations and the

extent of complicity of the petitioner in the alleged offence, we are of the opinion that custodial interrogation of the petitioners is not warranted in the facts and circumstances of the case. Accordingly, we direct that in the event of arrest the petitioners, namely, 1. Goutam Mondal, and 2. Tapati Mondal shall be released on bail upon furnishing a bond of `10,000/- each with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

The petitioners shall cooperate with the Investigating Officer of the case and shall reside within the jurisdiction of Hanskhali Police Station. The petitioner no.1 shall also meet with the Investigating Officer of the case once a week on and from 7th June, 2021 until further orders.

The application for anticipatory bail, being CRM No.2891 of 2021, is, thus, disposed of.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Shampa Sarkar, J.) (Tapabrata Chakraborty, J.)