Soutik Garai v. State Of West Bengal

22.11.2024 Ct. No. 28 SG [ALLOWED] C. R. M. (A) 4062 of 2024 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Kotwali Police Station Case No. 1139/ 2024 dated 13.10.2024 under Sections 85/80/3(5) of the Indian Penal Code. And In Re: Soutik Garai ... ... Petitioner Mr. Sumanta Das, Mr. Avilash Tripathi.

... ... for the petitioner Mr. Prasun Kumar Datta, ld. APP Mr. Nirupam Dhali.

... ... for the State 1.

Petitioner submits he is not related to the husband of the deceased. Husband suspected illicit relationship between the deceased wife and the petitioner. He tortured her and she committed suicide. He has been falsely implicated and prays for anticipatory bail.

2.

Learned lawyer for the State submits petitioner had blackmailed the deceased-wife by threatening to circulate her objectionable pictures. Few days prior to the incident he came to the paternal home of the deceased in a drunken condition and threatened her with dire consequences. Subsequently, she committed suicide.

3.

We have considered the materials on record. In the FIR mother of the deceased stated petitioner was blackmailing the deceased with objectionable pictures. But this version is significantly absent in her statement before Magistrate. On the Signed By :

SOURAV GHOSH High Court of Calcutta 25 th of November 2024 04:39:31 PM

other hand, it appears there was an illicit relationship between petitioner and the deceased. Possibility of husband and the inlaws chastising the deceased over this issue cannot be ruled out. 4.

Under such circumstances, we are of the opinion petitioner may be granted anticipatory bail.

5.

Accordingly, we direct that in the event of arrest, the petitioner viz., Soutik Garai be released on bail upon furnishing a bond of Rs.10,000/-, with two sureties of like amount each, to the satisfaction of the Arresting Officer and also subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and on further condition petitioner while on bail shall meet the investigating officer once in a week until further orders. He shall appear before the jurisdictional court and pray for regular bail within four weeks from date.

6.

The application for anticipatory bail is, thus, disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By :

SOURAV GHOSH High Court of Calcutta 25 th of November 2024 04:39:31 PM