Chinmay Let And ANR v. State Of West Bengal

11.09.2024 SL No.15 Court No.29 (gc) (Allowed) CRM (A) 3219 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Rampurhat Police Station Case No.422 of 2023 dated 19.12.2023 under Sections 304/34 of the Indian Penal Code.

And In the matter of : Chinmay Let & Anr.

- Petitioners.

Mr. Bitasok Banerjee, Mr. Abdus Salam ....For the Petitioners.

Ms. Z.N. Khan, Mr. Raju Mondal ... For the State.

1. Heard the learned Counsel for the parties.

2. It appears that there is a free fight between the in-laws of the two families in which the deceased suffered injuries which appear to be simple in nature and was not the cause for death as prima facie would reveal from the post-mortem report. The opinion of the post-mortem doctor has also taken into consideration in this regard.

3. On such consideration, we are of the view that custodial interrogation of the petitioners, who happen to be the father-inlaw and mother-in-law of the de facto complainant, is not necessary.

4. Accordingly, we direct that in the event of arrest, the petitioners, namely, Chinmay Let and Basanti Let @ Fulu Let, shall be released on bail upon furnishing a bond of Rs.5,000/- each, Signed By :

GURUPADA CHAKRABARTY High Court of Calcutta 12 th of September 2024 11:35:03 AM

with two registered sureties of like amount each, to the satisfaction of the arresting officer and also subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the BNSS, 2023 and on further condition that the petitioner no.1 shall meet the I.O. once in a week and the petitioner no.2 shall cooperate with the investigation till the submission of the final report.

5. It is further directed that the petitioners shall appear before the learned Additional Chief Judicial Magistrate, Rampurhat, Birbhum in connection with G.R. Case No.1951 of 2023 within two weeks from date.

6. Accordingly, the application for anticipatory bail is disposed of.

7. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Soumen Sen, J.) (Prasenjit Biswas, J.) Signed By :

GURUPADA CHAKRABARTY High Court of Calcutta 12 th of September 2024 11:35:03 AM