Dibyendu Roy @ Dibendu Roy And ANR. v. State Of West Bengal
September 18, 2025 9 ARDR (Allowed) CRM (M) 1426 of 2025 In Re : An Application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with New Barrackpore Police Station Case No. 31 of 2025 dated 11/2/2025 under Sections 108/80/3(5) of the BNS, 2023. And In Re :
Dibyendu Roy @ Dibendu Roy & anr.
... Petitioners.
Adv. Maly Bhattacharyya, Adv. Shafa Mondal, ... for the petitioners.
Adv. Sima Biswas, ... for the State.
The petitioners are in custody for more than 90 days and pray for bail. They are the brother in law and sister in law of the victim. Learned counsel for the State opposes the prayer. I have considered the material on record.
The victim committed suicide in her matrimonial home within two years of her marriage. There are allegations of torture upon her by the petitioners and other members of the matrimonial home. But whether such conduct of the petitioners 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. The prosecution proposes to examine thirty-two witnesses. Trial has not commenced as yet.
In view of the above, this Court is inclined to hold that further detention of the petitioners is not required and they may be released on bail.
Accordingly, the prayer for bail is allowed.
The petitioners namely Dibyendu Roy @ Dibendu Roy and Piu Roy @ Saheli Roy be released on bail upon furnishing bond of
Rs.10,000/- (Rupees Ten Thousand only) each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Barrackpore, subject to the condition that they shall appear before the learned trial Court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever. In the event the petitioners fail to appear before the learned trial Court on any date without justifiable cause, the learned trial Court shall be at liberty to cancel their bail in accordance with law without further reference to this Court.
The application for bail is 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.)