Priyobrata Santra v. State Of West Bengal

11.04.2025

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION APPELLATE SIDE Item No.DL38 Court No. 34 Asraf, AR(Ct.) Allowed CRM (M) 52 of 2025 In Re : An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Pursurah P.S. Case no.345 of 2024 dated 01.12.2024 under Sections 85, 109, 3(5) and 118(2) adding Section 108 of the Bharatiya Nyaya Sanhita, 2023. -andIn Re : PRIYOBRATA SANTRA ......Petitioner For the Petitioner :

Mr. Niladri Sekhar Ghosh Ms. Sompurna Chatterjee Ms. Labani Sikder Mr. Souvik Dey .....Advocates For the State :

Ms. Sreyasree Biswas Ms. Afreen Begum .....Advocates The petitioner is in custody for about four months. Allegation against him is that he abetted commission of suicide by the victim and also inflicted torture upon her. Learned counsel for the State takes this Court to the dying declaration of the victim wherefrom it appears that on the fateful day, there was an altercation between the petitioner and the victim following which the victim locked herself in the adjacent room and set herself on fire with a matchstick that she was carrying.

Whether the conduct of the petitioner shall amount to abetment of suicide by the victim shall be determined in the

light of the evidence adduced before the learned Trial Court at the appropriate stage of the proceeding.

Considering the material on record including the nature of the allegation, this Court is of the view that further detention of the petitioner is not required and he may be enlarged on bail.

The prayer for bail is allowed.

The petitioner Priyobrata Santra be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten Thousand only), with two sureties of like amount each, one of which must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Arambagh, subject to condition that he shall appear before the learned Trial Court on every date of hearing. He shall not intimidate witness or tamper with evidence in any manner whatsoever.

In the event the petitioner fails to appear before the learned Trial Court on any date without justifiable cause, 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 accordingly disposed of. Case diary be returned.

All parties shall act on the basis of 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 expeditiously after complying with all requisite formalities.

( Suvra Ghosh, J. )