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Calcutta High CourtCRM (A)/1870/2023allowed

Balai Saha @ Balai Chand Saha And ORS v. State Of West Bengal

2023-05-03Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

03.05.2023 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 1870 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Manikchak Police Station Case No. 189 of 2023 dated 04.04.2023 under Sections 306/34 of the Indian Penal Code, 1860.

And In Re : Balai Saha @ Balai Chand Saha ...... petitioners Mr. Arup Kumar Bhowmick Md. Santu Mia ....for the petitioners Mr. Joydeep Roy Ms. Sujata Das ....for the State The petitioners are neighbours of the victim. Apparently, the victim committed suicide.

The post mortem report states that, the death was due to hanging, ante mortem in nature. The injury noted was one oblique non-continuous ligature mark on the body. In such circumstances, we grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- 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 and on further condition that the petitioner nos. 1 (Balai Saha @ Balai Chand Saha) and 3 (Chaitanya Ghosh) shall meet the Investigating Officer once in a fortnight till the conclusion of the investigation and petitioner nos. 2 (Bapi Saha) and 4 (Sushila Ghosh) shall cooperate with the Investigating Officer till the conclusion of the investigation and on condition that the petitioners shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court. This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)