Subrata Ganguly And ANR v. State Of West Bengal

12.09.2022 Serial no. 12 [Dd] (Anticipatory Bail) (Allowed) CRM (A) 4322 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with ACGR No. 386 of 2022 arising out of Kasba Police Station Case No. 27 of 2022 dated 29.01.2022 under Sections 306/34 of the Indian Penal Code.

-AndIn the matter of : Subrata Ganguly & Anr. ... ... Petitioners Mr. Arindam Jana, Mr. Soumajit Chatterjee, Advocates ... ... For the Petitioners Mr. T. D. Nandy, Mr. Antarikhya Basu, Advocates ... ...For the State Petitioners pray for anticipatory bail.

Learned advocate appearing for the petitioners submits that the mother of the victim who committed suicide was granted anticipatory bail.

Learned advocate appearing for the State draws the attention of the court to the two suicide notes left behind by the deceased.

The postmortem report of the victim suggests that the victim committed suicide.

Considering the fact that the mother of the victim was granted anticipatory bail and considering the contents of the two suicide notes and the materials in the case dairy and the relationship between the petitioners and the victim, we are inclined to grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only) each, with two sureties of like amount each, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioner no. 1 shall report before the Investigating Officer once in a month till the conclusion of the investigation and petitioner no. 2 shall cooperate with the investigation till its completion and on further condition that the petitioners shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court.

Prayer for anticipatory bail of the petitioners is allowed. CRM (A) 4322 of 2022 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)