Calcutta High CourtCRM (A)/2488/2023allowed

Sandip Banerjee v. State Of West Bengal

2023-07-18Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 2488 of 2023 18.07.2023 ML. 93 Court No. 29 Sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Raghunathganj Police Station Case No. 724 of 2022 dated 13.08.2022 under Sections 509/506/306 IPC.

And In the matter of: Sandip Banerjee ....petitioner.

Mr. Tapodip Gupta ...for the petitioner.

Md. Anwar Hossain Ms. Ratna Ghosh ...for the State.

1. Heard learned Counsel for the parties.

2. The petitioner is stated to be the neighbour of the deceased who is alleged to have committed suicide.

3. From the statement of the husband of the deceased and other witnesses, it is found that the petitioner uploaded a fake video of the deceased and made it viral, mental pressure of which, the deceased could not withstand and committed suicide.

4. Though investigation is stated to have progressed substantially, it is fairly submitted by learned Counsel for the State that they have not yet collected anything substantial regarding fake video but mobile phone of the deceased has been seized.

5. Regard being had to the facts and submissions, factum of permanent residence of the petitioner, nature of allegation, nature of evidence and substantial progress in investigation, it is directed that the petitioner shall be released on bail in the event of his arrest by the Arresting Officer in the aforesaid

P.S. case on such terms and conditions as deemed just and proper in the facts and circumstances of the case including the conditions that (i) the petitioner is directed to appear before the I.O. once in a week on the day and time fixed by the I.O. for the purpose of investigation till submission of F.F; (ii) the petitioner shall not threaten, induce or coerce any witness of this case in any manner whatsoever during the currency of this order and (iii) the petitioner shall not leave the jurisdiction of the Ld. Trial Court without obtaining prior leave from the I.O.

6. The petitioner is directed to appear before the I.O. within 21 days from today along with a server copy or certified copy of this order.

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

8. The application being CRM (A) 2488 of 2023 is disposed of.

9. The I.O. is hereby directed to act upon the server copy of this order, if required.

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