Arindam Malakar @ Totan Malakar v. State Of West Bengal

20.08.2025 Ct.No.34 b.das Allowed C.R.M. (M) 974 of 2025 In Re : An application for bail under Section 483 of the BNSS, 2023 filed in connection with Kaliganj P.S. Case No. 161 of 2025 dated 20.02.2025 under Sections 137(2)/10/103/61(2) of the BNS, 2023 charge sheet submitted under Sections 103/109/137(2)/61(2)/85/108 of BNS, 2023.

And In Re :

Arindam Malakar @ Totan Malakar ... Petitioner.

Mr. Prabir Majumder Mr. Snehansu Majumder Mr. Debraj Shil Ms. Anindita Kundu ... for the Petitioner.

Mr. Rana Mukherjee Ms. Puspita Saha ... for the State.

Heard learned counsels for the parties.

The petitioner is in custody for about 6 months. The victim lady had an extramarital relationship with the petitioner despite being a family person. She committed suicide.

The petitioner has no nexus with the alleged offence and prays for bail.

Learned counsel for the State opposes the prayer. It appears that the victim lady committed suicide by falling from the roof of a three-storied building. Though there are allegations of altercations and torture upon the victim by the petitioner, whether such conduct of the petitioner can be said to be the proximate cause for commission of suicide by the victim shall be assessed at the appropriate stage of the proceeding.

Considering the material on record and extent of involvement of the petitioner in the alleged offence, this Court is of the view that further detention of the petitioner is not required and he may be released on bail.

Accordingly, prayer for bail is allowed.

The petitioner namely Arindam Malakar @ Totan Malakar be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten Thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Nadia at Krishnanagar subject to condition that he shall appear before the learned trial Court on every date of hearing fixed by the learned trial Court. He shall not intimidate witnesses or tamper with evidence in any manner whatsoever. In the event the petitioner fails to appear before the learned trial Court on any date without justifiable cause, the learned trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court. The application for bail is thus disposed of. Case Diary be returned.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)