Ruma Das @ Dey And ORS v. State Of West Bengal

11.01.2024 Ct. No. 29 S.D.

Allowed C.R.M.(A) 4847 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Taherpur Police Station Case No. 418 of 2023 dated 29.08.2023 under Sections 306/34 of the Indian penal Code. And In Re : Ruma Das @ Dey & Ors.

...... petitioners Ms. Sananda Bhattacharya ....for the petitioners Mr. Arijit Ganguly Mr. Avik Ghatak ...for the State The application for anticipatory bail is taken up for consideration subsequent to the order dated October 17, 2023 passed by the Coordinate Bench.

By such order dated October 17, 2023, the petitioners were enlarged on an interim anticipatory bail. It is submitted at the bar that, the order granting interim anticipatory bail was passed just prior to the ensuing puja vacation without considering the materials in the case diary. We perused the materials in the case diary.

Police are investigating abetment to commit suicide. Post mortem report suggests that the victim committed suicide. Materials in the case diary do not suggest that there was any eyewitness implicating any of the petitioners in abetting the commission of suicide by the victim.

In such circumstances, we confirm the interim order dated October 17, 2023.

Accordingly, we direct that in the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- 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. The petitioner nos. 1, 2 and 3 will cooperate with the investigation till the conclusion of the investigation. Petitioner nos. 4 and 5 will report before the Investigating Officer once a month till the conclusion of the investigation. 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. This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)