Sudip Ghosh v. State Of West Bengal

CRM (A) 2156 of 2023 29.05.2023 Sl. 71 Court No.4 Sws, M/ suvayan (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kotwali P.S. Case No. 283 of 2023 dated 28/03/2023 under Sections 417/306 of the Indian Penal Code, 1960.

And In the matter of: Sudip Ghosh ....petitioner.

Md. Asraf Ali Mr. Rafikul Islam Sardar ...for the petitioner.

Md. Anwar Hossain Ms. Pritha Pal ...for the State.

Mr. Ali, learned Advocate appearing for the petitioner submits that the de facto complainant is father of a girl who has committed suicide and out of frustration initiated the instant criminal case. Learned Advocate further submits that on any stringent condition he is ready and willing to co-operate with the investigation.

Mr. Anwar Hossain, learned Advocate appearing for the State on the other hand opposes the prayer for anticipatory bail and submits that petitioner had a relationship which continued for sometime but subsequently he refused to marry the victim which was the result of commission of suicide. We have considered the materials available in the case diary and we are of the opinion that although a case has been made out but the custodial detention of the petitioner is unwarranted. Accordingly, we direct that in the event of arrest, the petitioner shall be released on bail upon furnishing a Bond of Rs.5,000/- (Rupees Five Thousand Only) with two sureties of like

amount each, one of whom must be local. Petitioner is directed in this case to surrender before the jurisdictional Court within four weeks. Till the petitioner surrender, he shall meet with the Investigating Officer once a week and/or when called for. Accordingly, the prayer for anticipatory bail of the petitioner is allowed.

CRM (A) 2156 of 2023 is, thus disposed of.

(Tirthankar Ghosh, J.) (Rai Chattopadhyay, J.)