Arup Maity And ANR v. State Of West Bengal

04.01.2024 Serial no. 71 Anticipatory Bail [Allowed] Dd CRM (A) 4488 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Bagnan Police Station Case No. 562 of 2019 dated 23.12.2019 under Sections 306/120B of the Indian Penal Code, 1860. (G.R. Case No. 2950/2019) -AndIn the matter of : Arup Maity & Anr.

... ... Petitioners Mr. Soumyajit Das Mahapatra, Mr. Soumya Basu Roy /Chowdhuri, Advocates ... ... For the Petitioners Mr. Joydip Roy,JGA Mr. Amanul Islam , Advocate ... ...For the State Petition is taken up for consideration subsequent to order dated October 16, 2023.

By such order, interim anticipatory bail was granted by the co-ordinate Bench.

It is submitted at the Bar that the co-ordinate Bench did not consider the materials in the case diary and passed such order in view of the ensuing Puja vacation.

We perused the materials in the case diary.

Victim apparently committed suicide by consuming poison. Petitioner no. 1 possessed licence for stock and use of insecticide.

The role of the petitioners in abetting the commission of suicide, if at all, is a subject matter to be decided at the trial, if so raised.

At this stage, we confirm the interim order granted on October 16, 2023.

Consequently, we 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 month 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) 4488 of 2023 is disposed of.

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