Kamal Hasan v. State Of West Bengal

28.04.2025 Ct.No.34 b.das Allowed C.R.M. (M) 200 of 2025 In Re : An application for bail under Section 483 of the BNSS, 2023 filed in connection with Serampore P.S. Case No. 355 of 2024 dated 15.06.2024 under Sections 498A/304B of Indian Penal Code.

And In Re :

Kamal Hasan ... Petitioner.

Mr. Srimanta Kabir Mr. Avik Pramanick Mr. Chandan Sekh ... for the Petitioner.

Mr. Arijit Ganguly Mr. Sujoy Sarkar ... for the State.

The petitioner is in custody for more than 200 days and prays for bail.

Heard learned counsels for the parties.

Learned counsel for the State opposes the prayer. It appears that the petitioner is the husband of the victim and resided in Delhi with the victim. The death occurred in Delhi and the post mortem report indicates a non continuous ligature mark high up in the neck of the victim which caused her death.

Learned counsel for the State submits that the petitioner prepared a fake death certificate wherein death of the victim was recorded as cardiac system failure. It appears that the death certificate was seized from the victim's brother. The dead body of the victim was brought to Kolkata by the petitioner. Charge sheet has been submitted. The

extent of involvement of the petitioner in the death of the victim by hanging shall be assessed at the appropriate stage of the proceeding.

Considering the material available on record and the extent of complicity of the petitioner in the alleged offence, this Court is of the view that further detention of the petitioner is not required and he may be released on bail subject to stringent conditions.

Accordingly, prayer for bail is allowed.

The petitioner Kamal Hasan 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, Serampore, Hooghly subject to condition that he shall remain within the jurisdiction of Serampore P.S. and shall appear before the learned trial Court on every date of hearing and shall not influence witnesses or tamper with evidence in any manner whatsoever.

In the event the petitioner fails to adhere to any of the conditions as stated above 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 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.)