Calcutta High CourtCRM/6169/2020allowed

Nirmal Chandra v. State Of West Bengal

2020-09-18Hon'Ble Justice Joymalya Bagchi (27.06.2011 - 29.08.2020),Hon'Ble Justice Suvra Ghosh2 pages

18.09.2020 Sl. No.45 akd [ALLOWED] C. R. M. 6169 of 2020 [via video conferencing] CRAN 1 of 2020 [Old No. CRAN 4670/2020] In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 19.08.2020 in connection with Falakata Police Station Case No. 234 of 2020 dated 24.07.2020 under Sections 302/201/34 of the Indian Penal Code.

And In Re: Nirmal Chandra Das & Ors.

... ... Petitioners Mr. Arnab Saha .. Advocate ... ... for the petitioner Mr. Aditi Sankar Chakraborty .. Ld. Addl. Public Prosecutor Mr. Sagnik Sankar Sikdar .. Advocate ... ... for the State Petitioners undertake to affirm and stamp the petition/application as per Rules within a month of resumption of normal functioning of the court. Subject to such undertaking, the application is taken up for hearing through video conferencing. The application being CRAN 1 of 2020 (Old No. CRAN 4670 of 2020) is accordingly, disposed of.

Having considered the materials on record and bearing in mind the nature of allegations and as the cause of death appears to be suicidal from the post-mortem report and there is no cogent evidence supporting the accusation of murder or abetment to suicide, we are of the opinion that custodial interrogation of the accused/petitioners is not necessary in the facts of the present case and they may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest, the accused/petitioners, namely (1) Nirmal Chandra Das, (2) Shefali Das,

(3) Pinku Das & (4) Rinku Das, be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only) each, with two sureties of like amount each, to the satisfaction of the arresting officer

and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

The application for anticipatory bail is, thus, disposed of. All concerned authorities shall act in terms of the copy downloaded from the official website of this court. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)