Bibek Biswas v. The State Of West Bengal

12.08.2024 Court No.29 Item No. 30 Allowed sg CRM (A) 2743 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure read with Section 482 of the BNSS, in connection with Dhantala Police Station Case No. 226 of 2024 dated 27.03.2024 under Sections 302 of the Indian Penal Code, pending before the learned Additional Chief Judicial Magistrate, Ranaghat, Nadia.

And In Re: Bibek Biswas Petitioner Mr. Saswata Gopal Mukherjee Mr. Pabitra Biswas For the Petitioner Mr. Jaydeep Biswas Md. Ejaz Akhter For the State 1.

The learned Counsel for the petitioner submits that the petitioner had a love relationship with the victim and he has been falsely implicated by the family members of the defacto complainant.

2.

The learned Counsel appearing on behalf the State has produced the case diary which contains the statements of the friends of the victim. 3.

Considering the materials available in the case diary, statements of the friends of the victim; one of whom has said that she had suicidal tendency and the evidence of the said witnesses read with the post mortem report which suggests the death is suicidal by hanging, we are of the view that the custodial interrogation of the present petitioner is not necessary. 4.

Accordingly, we direct that in the event of arrest the petitioner namely, Bibek Biswas, 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, to the satisfaction of Arresting Officer, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure corresponding to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The petitioner shall appear before the learned Additional Chief Judicial Magistrate, Ranaghat, Nadia in connection with G.R. Case 1239 of 2024 within two weeks from date. 5.

Accordingly, the prayer for anticipatory bail of the petitioner is allowed.

6. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Soumen Sen, J.) (Uday Kumar, J.)