Calcutta High CourtCRM (A)/3189/2023allowed

Sajjad Ali @Budhua And ORS v. State Of West Bengal

2023-08-24Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 3189 of 2023 24.08.2023 SL. 18 Court No. 29 Sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Harishchandrapur Police Station Case No. 525 of 2023 dated 04.06.2023 under Sections 341/325/306/379/34 IPC (corresponding to G.R. Case No. 1563 of 2023). And In the matter of: Sajjad Ali alias Budhua & Ors. ....petitioners.

Mr. Soupal Chatterjee Mr. Prabir Kumar Das ...for the petitioners.

Mr. Tanmoy Kr. Ghosh, Ld. SGA Ms. Sonali Bhar ...for the State.

1. Heard learned Counsel for the parties.

2. The petitioners are father and brothers respectively of the deceased. The wife of the deceased is the informant. It is alleged that as the petitioner no. 3 was demanding more money exceeding the capacity of the deceased to meet the family expenditure, he, under pressure and mental stress committed suicide. It is also alleged by the informant that the petitioner before death was beaten by petitioner nos. 2 and 3 (brothers). The injury report is indicative of some minor injuries but the independent witnesses do not support the allegation of beating of the deceased before his death. The injury sustained by the victim being old has no proximate relationship with the cause of suicide.

3. Regard being had to the facts and submission, factum of permanent residence of the petitioners, nature of allegation and substantial progress in investigation, it is directed that

each of the petitioner shall be released on bail in the event of their 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 petitioners are directed to appear before the I.O. once in a fortnight on the day and time fixed by the I.O. for the purpose of investigation till submission of F.F.

ii) the petitioners shall not threaten, induce or coerce any witness in any manner whatsoever during the currency of this order.

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

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

6. The application being CRM (A) 3189 of 2023 is disposed of.

7. 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.)