Sujit Kumar Ghosh v. State Of West Bengal

10.06.2024 Item no.43.

Court No.28.

S. De CRM (DB) No. 1613 of 2024 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure filed on 14.05.2024 in connection with Ranaghat Police Station Case No. 229 of 2024 dated 28.03.2024 under Sections 498(A) & 304(B) of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.

And In the matter of : Sujit Kumar Ghosh ......Petitioner. Mr. S. Das, Ms. Atreyee Halder, ......for the Petitioner.

Mr. Sukanta Das, ......for the de-facto complainant. Mr. Atif Ahmed Siddiqui, ... for the State.

The petitioner is the husband of the victim lady who is alleged to have committed suicide.

The petitioner says that a rumour was spread that the victim house wife has illicit relationship with her father-in-law being the petitioner's father. Out of depression, she committed suicide. The parents of the petitioner were granted anticipatory bail by a Co-ordinate Bench by an order dated April 16, 2024 passed in CRM (A) 1332 of 2024. The petitioner is in custody for fifty-one days.

Learned advocate for the State produces the case diary and opposes the prayer for bail. He refers to a statement of a neighbour recorded under Section 161 of the Code of Criminal Signed By :

SANDIP DE High Court of Calcutta 11 th of June 2024 05:46:07 PM

Procedure. The allegations made therein are general and omnibous in nature as against the present petitioner. We have read the suicide note left behind by the victim lady. In that note, the victim expressed deep anguish in respect of the false rumour that was being spread involving herself and her father-in-law. This corroborates the submission of the petitioner. We also find that in the suicide note the victim lady expressly praised her parents-in-law and her husband. Under such circumstances, we are inclined to grant bail to the petitioner.

Accordingly, we direct that the petitioner, namely Sujit Kumar Ghosh shall be released on bail upon furnishing a bond of Rs.10,000/-, with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Ranaghat, Nadia and on further condition that he shall remain within the jurisdiction of the concerned police station.

The petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence and/or commit any cognizable offence in any manner whatsoever. In the event the petitioner fails to adhere to any of the conditions stipulated above without justifiable cause, the trial court shall be at liberty to cancel the petitioner's bail in accordance with law without further reference to this Court. The application for bail is, accordingly, allowed.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Apurba Sinha Ray, J.) (Arijit Banerjee, J.)