Budhiswar Sarkar @ Mono @ Mono Sarkar v. State Of West Bengal

C.R.M. (A) 2943 of 2023 09.08.2023 ML. 162 Court No. 29 Sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Raiganj Police Station Case No. 286 of 2023 dated 18.03.2023 under Sections 306/34 IPC.

And In the matter of: Budhiswar Sarkar @ Mono @ Mono Sarkar ....petitioner.

Ms. Minoti Gomes Ms. Chandrima Debnath ...for the petitioners.

Mr. Tanmoy Kr. Ghosh Mr. Arindam Sen ...for the State.

1. Heard learned Counsel for the parties.

2. The petitioner claimed that he is the friend of the deceased. Mother of the deceased is the informant.

3. It is alleged that the present petitioner was actually the friend of the wife of the deceased and she had some affairs with him. The materials placed before us, however, do not satisfy the elements of Section 107 IPC. It is, therefore, best to be left to the wisdom of learned Trial Court to join the dots.

4. Investigation is stated to have progressed substantially.

5. Regard being had to the facts and submission, factum of permanent residence of the petitioner, nature of allegation 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.

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) 2943 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.)