Sk Sajirul @ Sekh Sajirul v. State Of West Bengal

22.04.2025

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION APPELLATE SIDE Item No.DL52 Court No. 28 Asraf, AR(Ct.) ALLOWED CRM (A) 1275 of 2025 In Re : An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Manikchak P.S. Case no.558 of 2024 dated 03.08.2024 under Sections 85, 80(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. -andIn Re : SK. SAJIRUL @ SEKH SAJIRUL ......Petitioner For the Petitioners :

Mr. Sanat Kumar Das Mr. Sujan Chatterjee Mr. Rohan Bavishi .....Advocates For the State :

Ms. Shaila Afrin Mr. Arup Sarkar .....Advocates Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner is the husband of the victim deceased. The incident happened within about 40 days of marriage. However, within a month from such marriage, the petitioner had to go to his workplace at Kerala. He was staying there at the time of the incident. It appears that the victim was not happy with the marriage and, therefore, committed suicide. Learned counsel appearing on behalf of the State relies on the post-mortem report and the FIR and submits that there are allegations leveled by the victim's family about torture due

to dowry demand. But the neighbours of the accused have not supported the prosecution case in their statements. Considering the materials available in the case diary including the statements of neighbours and the claim of the petitioner by producing necessary train tickets for such travels that he was in Kerala at the relevant time, I do not think that custodial interrogation of the petitioner is required at this stage.

Accordingly, the petitioner shall be released on bail upon furnishing a bond of Rs.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 of the Code of Criminal Procedure, 1973 corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and on further condition that he shall meet the Investigation Officer of the case once a week till submission of report in final form, cooperate with the investigation and shall not threaten or intimidate witnesses or tamper with evidence in any manner whatsoever.

The application for anticipatory bail being CRM(A) 1275 of 2025 is, thus, allowed.

Urgent photostat certified copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all formalities.

( Jay Sengupta, J. )