Adrista Singh @ Aditya Singh And ANR v. State Of West Bengal

45.

29-09-2021 (ct. no.32) debajyoti CRM 3304 of 2021 In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Arambagh Police Station Case No.366 of 2020 dated 0810-2020 under Sections 498(A)/304(B)/306 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

- A n d - In the matter of : Adrista Singh alias Adiya Singh & Anr. .... Petitioners.

Mr. Suman Chakraborty ... For the Petitioners.

Mr. Saibal Bapuli, learned APP, Mr. Arijit Ganguly, Mr. Sanjib Kumar Dan ... For the State.

The petitioners are the parents-in-law of the victim lady. They say that they were not even present at the place of occurrence when the alleged incident took place. They have no role to play in the death of the victim, who apparently committed suicide by hanging herself. The Post Mortem report states the cause of death as "hanging ante mortem". The petitioners further say that the husband and the brotherin-law of the victim have been enlarged on bail. The State says that all the accused persons were equally involved in the alleged offence. After the incident, all of them fled. The incident took place within three years of marriage.

We have seen the statements of witnesses in the Case Diary. Prima facie, there is no specific implication of these petitioners. Charge Sheet has been submitted. Two of the co-accused persons have been granted bail by this Court.

On an overall assessment of the facts and circumstances of the case and the material on record and the possible extent of complicity of the petitioners in the alleged offence, we are of the opinion that immediate custodial interrogation of the petitioners is not necessary so long as they are prepared to cooperate with further investigation, if any.

Accordingly, in the event of arrest, the petitioners, namely, Adrista Singh alias Adiya Singh and Archana Singh, shall be released on bail upon furnishing bonds of Rs.10,000/- (Rupees Ten Thousand) each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer. The petitioners shall abide by the conditions laid down in Section 438(2) of the Code of Criminal Procedure.

In the event the petitioners fail to adhere to any of the conditions stipulated in Section 438(2) of the Code of Criminal Procedure, the learned Court below will be at liberty to cancel the anticipatory bail without further reference to this Court.

The application for anticipatory bail being CRM 3304 of 2021 is, thus, allowed.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. ( Bivas Pattanayak, J. ) ( Arijit Banerjee, J. )