Suraj Sharma And ANR v. State Of West Bengal

Sl. 6 29.10.2021 Court No.8 SD/GB CRM 5334 of 2021 (Via Video Conference) In re: An application for bail under Section 439 of the Code of Criminal Procedure, 1973 filed on 10.8.2021 in connection with Para Police Station Case No.20 of 2021 dated 21.02.2021 under Sections 498A/304B/120B/34 of the Indian Penal Code, 1860. - A n d - In the matter of : Suraj Sharma & Anr.

.... Petitioners.

Mr. Sourav Chatterjee Mr. Sougata Mitra Mr. Pawan Gupta Ms. Ankita Dey Mr. Rameswar Sinha Mr. Santanu Sett Ms. Sofia Nesar ... For the Petitioners.

Mr. Prasun Kumar Dutta Mr. Subrata Roy ... For the State.

It appears from the submissions of the parties and on perusal of the materials on record that the purported suicide note found at the place of occurrence exonerates the petitioners. That apart, there is no direct evidence to connect the petitioners with the alleged offence, at least at this preliminary stage.

In such view of the matter, we are of the opinion that the petitioners are entitled to the benefit of bail. Accordingly, CRM 5334 of 2021 is allowed, thereby enlarging the petitioners on bail subject to the following conditions:- i) The petitioners shall furnish bonds of Rs.10,000/- (Rupees ten thousand only) each, with two sureties for each of the petitioners of like amount, one of each of

whom must be local, to the satisfaction of the jurisdictional criminal court at Purulia;

ii) The petitioners shall not make out any inducement, threat or promise to any person having direct knowledge of the incident so as to dissuade such person from disclosing the facts before any police officer or Court of law and/or tamper with evidence in the meantime;

iii) The petitioners shall not leave the district of Purulia during the trial and shall attend, if called on to do so, on the relevant dates of trial.

In the event the petitioners jump any of the above conditions, it will be open to the trial Judge to cancel the bail granted to the petitioners without further reference to this Court. Urgent photostat certified copy of this order, if applied for, be given to the parties on completion of usual formalities. (Sabyasachi Bhattacharyya, J.) (Aniruddha Roy, J.)