Debjani Das @ Nupur And ORS v. State Of West Bengal

15.05.2023 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 1988 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with New Barrackpore Police Station Case No. 109 of 2023 dated 27.04.2023 under Sections 306/34 of the Indian Penal Code, 1860.

And In Re : Debjani Das @ Nupur & Ors.

...... petitioners Mr. Malay Bhattacharya ....for the petitioners Mr. Arijit Ganguly Mr. Avik Ghatak ....for the State Husband, apparently, committed suicide leaving behind a suicide note.

The materials in the case diary does not suggest requirement of custodial interrogation of the petitioners in the abatement to commit suicide by the victim by the victim. Consequently, 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 no. 2 (Dinabandhu Tarafdar) shall meet the Investigating Officer once a fortnight till the conclusion of the investigation and petitioner nos. 1 (Debjani Das @ Nupur) and 3 (Pushpa Tarafdar) 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.)