Sarama @ Tepi @ Tapi Karmakar v. The State Of West Bengal

11.11.2024 Ct. No. 28 SL No. 85 SB CRM (DB) 3701 of 2024 In Re: - An application for bail under Section Section 483 of B.N.S.S., 2023 in connection with Kotwali P.S. Case No. 1208 of 2023 dated 09.12.2023 under Sections 306/34 of Indian Penal Code and subsequently Charge - Sheet submitted under Sections 306/34 of the Indian Penal Code. In the matter of: Sarama @ Tepi @ Tapi Karmakar Mr. Amanul Islam Mr. Sourav Mukherjee ...for the Petitioner Mr. Saryati Dutta Mr. Abhishek Verma ....for the State

1. Heard learned lawyers for both parties.

2. Petitioner submits she is in custody for about 55 days. She is the aunt inlaw of the victim husband. She submits victim committed suicide out of depression. She has been falsely implicated due to grudge. Co-accused wife is on bail. She prays for bail.

3. Learned counsel appearing for the State submits petitioner is named in Signed By :

SAURABH BANDYOPADHYA Y High Court of Calcutta 13 th of November 2024 12:37:31 PM the suicide note and opposes the bail prayer.

4. Inspite of notice, nobody appears for the victim.

5. We have considered the materials on record. Petitioner is the aunt in-law of the victim husband. There was a matrimonial dispute between victim and his wife. The wife has been enlarged on bail. It is contended that victim committed suicide out of emotional outburst and depression. Contents of the suicide note has to be appreciated from that perspective. Keeping-in-mind the mental state of the victim and the propensity to rope in all in-laws in a matrimonial dispute we are inclined to grant bail to the petitioner.

6. Accordingly, we direct the petitioner 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 learned Chief Judicial Magistrate, Nadia at Krishnagar subject to condition that the

petitioner shall appear before the trial court on each and every date of hearing until further orders and shall not intimidate witnesses and/or tamper with evidence in any manner whatsoever.

7. In the event petitioner fails to appear before the Trial Court without any justifiable cause, the Trial Court shall be at liberty to cancel his bail without any further reference to this Court.

8. The application for bail is, thus, allowed and disposed of. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.) Signed By :

SAURABH BANDYOPADHYA Y High Court of Calcutta 13 th of November 2024 12:37:31 PM