Santu Munda And ORS. v. The State Of West Bengal

04.07.2024 SL No.24 Court No.29 TN (Allowed) CRM (A) 2103 of 2024 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed in connection with Gopalnagar Police Station Case No.199 of 2024 dated 30.03.2024 under Sections 306/34 of the Indian Penal Code. And In the matter of : Santu Munda and others.

- petitioners.

Mr. Abdur Rakib, Ms. J. Alam Megha, Mr. Mojadid Mehedi .... for the petitioners.

Mr. Arindam Sen, Mr. Nirupam Dhali ... for the State.

1. The learned Counsel for the petitioners submits that the dispute cropped up by and between the petitioners with the son of the de facto complainant regarding plying of TOTO. They have been falsely implicated.

2. The learned Counsel for the State in opposing the prayer has referred to the statement of the witnesses recorded under Section 161 of the Code of Criminal Procedure and the statement of the sister recorded under Section 164 of the Code of Criminal Procedure implicating the petitioners.

3. The allegation is with regard to the abetment of suicide.

4. Considering the materials available in the case diary, the nature and extent of complicity of the petitioners in the commission of the alleged offence and having regard to the

fact that the death was caused due to hanging as appearing from the post mortem report, we are of the view that custodial interrogation of the petitioners is not necessary.

5. Accordingly, we direct that in the event of arrest, the petitioners, namely, Santu Munda, Bikram Pramanik @ Bickram Pramanick and Srikrishna Roy shall be released on bail upon furnishing a bond of Rs.10,000/- each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer and also subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973. The petitioners shall meet the Investigating Officer of the case once in a week or as and when required and shall not enter the jurisdiction of Gopalnagar police station except for the purpose of meeting the Investigating Officer till submission of the final report. The petitioners shall disclose the place where the petitioners shall be presently residing with the Investigating Officer as well as the Officer-in-Charge of the place where they shall be presently residing.

6. It is further directed that the present accused petitioners shall appear before the learned Additional Chief Judicial Magistrate, Bongaon, North 24 Parganas within two weeks from date and pray for regular bail.

7. Accordingly, the application for anticipatory bail is disposed of.

8. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Soumen Sen, J.) (Uday Kumar, J.)