Namita Das And ORS. v. State Of West Bengal

19.09.2024 Court No.29 Item No. 15 Allowed ar CRM (A) 3349 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 in connection with Sinthi Police Station Case No. 52 of 2023 dated 28.06.2023 corresponding to GR Case No. 1580 of 2023 under Sections 406/120B/379/471/368/354 of the Indian Penal Code. And In Re: Namita Das & Ors.

Petitioners Mr. Debasis Kar Mr. Arka Tilak Bhadru For the Petitioners Mr. Joydeep Ray Mr. Karan Bapuli For the State

1. Learned counsel for the petitioners has submitted that there is a dispute between the family members of the deceased and they are all related by blood. It is further submitted that the petitioners are cooperating with the investigation and produced all the relevant documents.

2. Learned counsel for the State has also fairly submitted that the petitioners are cooperating with the investigation and produced all the relevant documents.

3. Considering the aforesaid conduct of the petitioners, we are of the view that custodial interrogation of the petitioners is not necessary.

4. Accordingly, we direct that in the event of arrest, the petitioners, namely, Namita Das, Reba Mondal, Sri Nemai Das @ Nemai Chandra Das and Sri Pijush Kanti Bakshi shall be released on bail upon furnishing a bond of Rs.5,000/- each, with two registered sureties of like amount each, Signed By :

AMITAVA ROY High Court of Calcutta 20 th of September 2024 12:18:32 PM

subject to the satisfaction of the Arresting Officer and also to comply with the conditions as laid down in Section 438(2) of the Code of Criminal Procedure, 1973, corresponding to Section 482(2) of the BNSS, 2023. The petitioner no. 4 shall meet the Investigating Officer once in a week till the submission of the final report and the petitioner nos. 1, 2 and 3 shall cooperate with the investigation till the submission of the final report and on further condition that the petitioners shall appear before the learned Additional Chief Judicial Magistrate, at Sealdah, within two weeks from date in connection with GR Case No. 1580 of 2023. In the event of non-compliance of any of the conditions, the anticipatory bail shall stand automatically cancelled without any further reference to this Court.

5. Accordingly, the prayer for anticipatory bail of the petitioners is allowed and the same is accordingly disposed of.

6. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Soumen Sen, J) (Uday Kumar, J) Signed By :

AMITAVA ROY High Court of Calcutta 20 th of September 2024 12:18:32 PM