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Calcutta High CourtCRM(M)/26/2025allowed

Akash Roy v. State Of West Bengal

2025-04-08Hon'Ble Justice Suvra Ghosh2 pages

08.04.2025 Ct.No.34 b.das Allowed C.R.M. (M) 26 of 2025 In Re : An application for bail under Section 483 of the BNSS, 2023 filed in connection with Haringhata P.S. Case No. 644 of 2024 dated 07.12.2024 under Section 85/80(2) of BNS read with Section 3/4 of the Dowry Prohibition Act. And In Re : Akash Roy ... Petitioner.

Mr. Shibaji Kr. Das ... for the Petitioner.

Ms. Sujata Das Ms. Sudeshna Das ... For the State.

Heard learned counsels for the parties.

The petitioner is in custody for about 115 days and prays for bail.

Learned counsel for the petitioner submits that the victim was suffering from depression which led him to commit suicide. The petitioner has no role to play therein. Learned counsel for the State produces the case diary and opposes the prayer.

It appears that the allegation against the petitioner is general and omnibus in nature. There is no material in the case diary to connect the petitioner with the offence alleged and no overt act of the petitioner is found proximate to the commission of the suicide by the victim. Charge sheet has been submitted.

Upon consideration of the material on record, this Court is inclined to hold that further detention of the petitioner is not required and he may be released on bail.

Accordingly prayer for bail is allowed.

The petitioner, Akash Roy be released on bail upon furnishing 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, Kalyani, Nadia subject to condition that the petitioner shall appear before the learned trial Court on every date of hearing fixed by the learned trial Court and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

If the petitioner fails to appear before the learned trial Court on any date, the learned trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

The application for bail is thus disposed of. Case Diary be returned.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)