Komal @ Kehkashan Firdous v. The State Of West Bengal

12.08.2024 Sl No.22 Court No. 29 TN (Allowed) CRM (A) 2735 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973, corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Sankrail Police Station Case No.85 of 2024 dated 31.01.2024 under Section 306 of the Indian Penal Code, 1860. And In the matter of : Komal @ Kehkashan Firdous .... petitioner Mr. Arani Bhattacharyya ....for the petitioner Mr. Joydeep Roy, Ms. Snigdha Saha ... for the State

1. The learned counsel for the petitioner submits that the petitioner is innocent and is in no way connected with the commission of the alleged offence.

2. The learned counsel for the State has produced the case diary and the statement of the brother of the victim to contend that the petitioner has abetted suicide.

3. Considering the materials available in the case diary wherefrom prima facie it appears that the petitioner was in love relationship with the victim and due to break up of the said relationship, the victim has committed suicide as revealed from the post mortem report, we are of the view that custodial interrogation of the petitioner is not necessary.

4. Accordingly, we direct that in the event of arrest, the petitioner, namely, Komal @ Kehkashan Firdous shall be released on bail upon furnishing a bond of Rs.10,000/-, with two sureties of like amount each, one of whom must be local, Signed By :

TANMOY NANDAN High Court of Calcutta 13 th of August 2024 11:29:14 AM

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, corresponding to Section 482(2) of the BNSS, 2023.

5. The petitioner shall cooperate with the investigation.

6. It is further directed that the present accused petitioner shall appear before the learned Chief Judicial Magistrate, Howrah in connection with G.R. Case No. 498 of 2024 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.) Signed By :

TANMOY NANDAN High Court of Calcutta 13 th of August 2024 11:29:14 AM