Rahul Kumar Roy v. The State Of West Bengal

18.11.2024 Item no. 93.

Court No.29.

AB (Allowed) CRM (DB) 2871 of 2024 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Dankuni Police Station Case No.21 of 2024 Dated 24.01.2024 under Section 498A/304B of the Indian Penal Code And In the matter of : Rahul Kumar Roy ......Petitioner.

Ms. Jeenia Rudra ......for the Petitioner.

Mr. Sandip Chakraborty, Mr. Moinak Gupta ......for the State.

Dictated by Apurba Sinha Ray, J.

1.

Learned Counsel for the petitioner has submitted that the petitioner is in custody for about 298 days. Investigation is complete and there is no need for custodial detention of the present petitioner. The post mortem report reveals that the victim committed suicide. The petitioner may be enlarged on bail on any condition.

2.

Learned Counsel for the State opposes the prayer for bail. However, he has submitted that this is a case of suicide within three years of marriage of the victim. 3.

We have considered the materials on record including the case diary. Investigation is complete and we do think that there is no need for custodial detention of the present petitioner.

Signed By :

APURBA BANDYOPADHYAY High Court of Calcutta 19 th of November 2024 10:42:50 AM

4.

Accordingly, we direct that the petitioner, namely Rahul Kumar Roy shall be released on bail upon furnishing a bond of Rs.10,000/-, with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Serampore, and on further conditions that he shall not leave the jurisdiction of the concerned Police Station and shall report to the Officer-in-Charge of the concerned police station once in a fortnight until further orders.

5.

The petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence and/or commit any cognizable offence in any manner whatsoever.

6.

In the event the petitioner fails to adhere to any of the conditions stipulated above without justifiable cause, the trial court shall be at liberty to cancel the petitioner's bail in accordance with law without further reference to this Court.

7.

The application for bail is, accordingly, allowed. 8.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Arijit Banerjee, J.) (Apurba Sinha Ray, J.)