Manoranjan Giri And ANR. v. State Of West Bengal
06.11.2025 Sl. No.11 Ct. 28 NB CRM (A) 3028 of 2025 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 in connection with Egra PS Case No.267/2025 dated 04.04.2025 under Sections 85/103(1)/3(5) of the Bharatiya Nyaya Sanhita, 2023. And In the matter of: Manoranjan Giri & Anr.
... petitioners Mr. Amitava Karmakar ...for the petitioners.
Mr. Partha Pratim Das, Mr. Sandip Kundu.
...for the State.
Learned counsel appearing on behalf of the petitioners submits as follows. The petitioners are the brother in law of the victim deceased and his wife. During pendency of this application, the husband surrendered before the learned jurisdictional Court and is in custody. The prime accused is the husband. It is alleged that the petitioner no.2 had a relationship with the husband of the victim. However, reliance is placed on an earlier letter given by the mother of the victim to the authorities of the Education Department claiming that the victim was being tortured at her work place and she had even tried to commit suicide because of that. Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. He relies on the statements of witnesses and the postmortem report.
Considering the materials available in the case diary, the alleged role ascribed to the present petitioners and the fact that the
prime accused being the husband of the victim deceased surrendered before the learned jurisdictional Court and is in custody, I am inclined to grant anticipatory bail to the present petitioners.
Accordingly, in the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each, one of whom must be local, to the satisfaction of Arresting Officer and subject to the conditions as laid down under Section 438 of the Code of Criminal Procedure, corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita and on further condition that the petitioners shall cooperate with the investigation and shall not threaten or intimidate witnesses or tamper with evidence in any manner whatsoever and the petitioner no.1 shall meet the Investigating Officer once a week till submission of report in final form.
The application for anticipatory bail is, thus, disposed of. Urgent photostat certified copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all formalities.
(Jay Sengupta, J.)