Sanju Halder And ANR v. State Of West Bengal
16.09.2022.
29.
as (Allowed) C.R.M. (DB) 3145 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Santipur P. S. Case No.673 of 2022 dated 08.07.2022 under Sections 306/34 of the Indian Penal Code.
In the matter of : Sanju Halder & Anr.
.... Petitioners.
Mr. Amanul Islam, Mr. Sourav Mukherjee, Ms. Sabera Khatun.
...for the Petitioners.
Mr. Tanmoy Kr. Ghosh, Mr. Arindam Sen.
...for the State.
Petitioners are the in-laws of the victim. It is contended victim committed suicide out of depression. Ingredients of the offence punishable under Section 306 of the Indian Penal Code are not disclosed. They are in custody for 47 days. They pray for bail.
Learned Advocate for the State opposes the prayer for bail. He submits there was a matrimonial dispute. Petitioners being the in-laws of the victim ill-treated him. As a consequence, he committed suicide.
We have considered the materials on record. Victim did not leave behind any suicide note implicating the petitioners. Whether the conduct of the petitioners would constitute an act of abetment to suicide requires to be assessed during trial. Keeping in mind the aforesaid fact and the period of detention
suffered by the petitioners, we are inclined to grant bail to the petitioners.
Accordingly, 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 the learned Additional Chief Judicial Magistrate, Ranaghat, Nadia subject to condition that they shall appear before the trial court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.
In the event the petitioners fail to appear before the Trial Court without any justifiable cause, the 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, thus, disposed of. (Ajay Kumar Gupta,J.) (Joymalya Bagchi, J.)