Chunu Hembram @ Daroga v. State Of West Bengal

17.07.2023 (M/L 84) Ct. No.29 Allowed (SKB) CRM (A) 2479 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Nalhati P.S. Case No.164 of 2021 dated 03.05.2021 under Sections 306/34 of the Indian Penal Code.

In the matter of : Chunu Hembram @ Daroga ... Petitioner Mr. Prosenjit Mukherjee, Mr. Arghya Kamal Das ... for the petitioner Mr. Sudip Kumar ... for the State

1. Heard the learned Counsel for the parties.

2. The petitioner was initially not named in the FIR so far as abetment of suicide is concerned. Originally the case was filed under Section 306/34 of the IPC but subsequently charge-sheet was filed under Sections 302/34 of the IPC. Other co-accused who were named in the FIR are stated to have been released on anticipatory bail. We do not find any difference of footing between the co-accused and the petitioner is concerned.

3. Regard being had to the facts and submissions, factum of permanent residence of the petitioner and completion of investigation and in the ground of parity, it is directed that the petitioner shall appear before the learned ACJM, Rampurhat, Birbhum in the G.R. case arising out of the

aforesaid P.S. case within 15 days from today. On his appearance and application for bail, he shall be released on bail on such terms and conditions as deemed just and proper in the facts and circumstances of the case.

4. Accordingly, the prayer for the anticipatory bail is allowed.

5. The application being CRM(A) 2479 of 2023 is disposed of.

6. The learned court below is hereby directed to act upon the server copy of this order.

(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)