Selim Sk @ Silu Sk And ANR v. State Of West Bengal

31.10.2022 Serial no. 82 [Dd] (Anticipatory Bail) (Allowed) CRM (A) 4823 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Hariharpara Police Station Case No. 386 of 2022 dated 26.08.2022 under Sections 302/120/34 of the Indian Penal Code.

-AndIn the matter of : Selim Sk @ Silu Sk & Anr. ... ... Petitioners Mr. Ali Ahsan Alamgir, Ms. Rabia Khatun, Advocates ... ... For the Petitioners Mr. Sudip Ghosh, Mr. Bitasok Banerjee, Advocates ... ...For the State Petitioners pray for anticipatory bail.

Learned advocate appearing for the petitioners submits that the victim committed suicide.

Learned advocate appearing for the State draws the attention of the Court to the postmortem report of the victim and to the statements recorded under Section 161 of the Criminal Procedure Code.

The police report of the victim suggests that the victim died due to poisoning. The statements recorded under Section 161 of the Criminal Procedure Code suggest that the victim consumed the poison.

In such circumstances, 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 fortnight 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) 4823 of 2022 is disposed of.

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