Sujoy Sarkar And ORS v. State Of West Bengal

C.R.M. (A) 3720 of 2023 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Gangarampur Police Station Case No. 360 of 2023 dated 30.07.2023 under Sections 306/34 of the Indian Penal Code.

And In the matter of: Sujoy Sarkar & Ors.

....petitioners.

18.09.2023 ML. 113 Court No. 29 NKB Ms. Jeenia Rudra Ms. Megha Chanda ...for the petitioners.

Mr. Joydeep Roy Ms. Sujata Das ...for the State.

1. Heard learned Counsel for the parties.

2. The deceased had love affair and physical relationship with petitioner no.1. The petitioner nos. 2, 3 and 4 are the family members of the petitioner no.1. The daughter of the informant is alleged to have committed suicide on the conspiracy by the present petitioner. From the materials on record, we do not find any material to satisfy fully the ingredients of Section 107 IPC.

3. Regard being had to such facts and submissions, factum of permanent residence of the petitioners, nature of allegation and substantial progress in investigation, it is directed that the petitioners shall be released on bail by the Arresting Officer in the event of their arrest in the aforesaid P.S. case on such terms and conditions as deemed just and proper in the facts and circumstances of the case including the condition that :

i) the petitioner nos.1 and 2 are directed to appear before the IO once in a fortnight on the day and time fixed by the IO for the purpose of investigation till submission of Final Form. ii) the petitioner nos. 3 and 4 being ladies are directed to appear before the IO for the purpose of investigation as and when required from sunrise to sunset.

4. Accordingly, the prayer for the anticipatory bail is allowed.

5. The application being CRM (A) 3720 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)