Calcutta High CourtCRM (A)/3546/2024allowed

Raja Gupta v. The State Of West Bengal

2024-10-03Hon'Ble Justice Soumen Sen,Hon'Ble Justice Uday Kumar2 pages

03.10.2024 SL No.44 Court No.29 (gc) (Allowed) CRM (A) 3546 of 2024 In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Suri Police Station Case No.409 of 2024 dated 19.08.2024 under Sections 108/3(5) of the BNS, 2023.

And In the matter of : Raja Gupta - Petitioner.

Mr. Arnab Chatterjee, Mr. Sujay Sarkar ....For the Petitioner.

Mr. Avishek Sinha, Ms. Afreen Begum ... For the State.

1. The petitioner is the brother of the principal accused. It is submitted that the petitioner is innocent and has been falsely implicated.

2. The learned Counsel for the State in opposing the prayer has submitted that the victim had a love relationship with the principal accused and he was refuted by the family members including the present petitioner as a result whereof he committed suicide taking poison.

3. Considering the materials available in the case diary, the nature and extent of complicity of the petitioner in the commission of the alleged offence and the principal accused, Rani Gupta, was arrested and released on bail after 42 days in custody and having regard to the role ascribed to the present petitioner as revealed from the case diary, we are of the view that custodial interrogation of the petitioner is not necessary.

Signed By :

GURUPADA CHAKRABARTY High Court of Calcutta 4 th of October 2024 11:13:46 AM

4. Accordingly, we direct that in the event of arrest, the petitioner namely, Raja Gupta, 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 arresting officer and also subject to the conditions as laid down under Section 482(2) of the BNSS, 2023 and on further condition that the petitioner shall meet the I.O. once in a fortnight till the submission of the final report.

5. It is further directed that the petitioner shall appear before the learned Chief Judicial Magistrate, Suri, Birbhum in connection with G.R. Case No.1324 of 2024 within one week 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.) (Uday Kumar, J.) Signed By :

GURUPADA CHAKRABARTY High Court of Calcutta 4 th of October 2024 11:13:46 AM