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Calcutta High CourtCRM(M)/2542/2025allowed

Sumit Majhi @ Samir v. State Of West Bengal

2025-12-03Hon'Ble Justice Tirthankar Ghosh3 pages

03.12.2025 Serial no. 32 [G.S.D] CRM (M) 2542 of 2025 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/under Section 483 of the BNSS, 2023 in connection with CR Misc.

Case No.

of corresponding to GR Case No. 4099 of 2025 arising out of Dadpur PS Case No. 416 of 2024 dt. 09.12.2024 u/s 107/3(5) of the BNS, 2023.

-AndIn the matter of : Sumit Majhi @ Samir ... ... Petitioner(s) Mr. Palash Bapari ... for the Petitioner(s) Mr. Anpam Das Adhikary Ms. Rituparna Saha ... for the State-respondent(s) Learned advocate for the petitioner submits that the petitioner is in custody for 99 days and the investigation of the case has already been concluded.

It has been submitted that the present petitioner was in a relationship with her cousin who was instrumental in abating her suicide. According to the learned advocate, the materials collected in course of the investigation reveal that a bottle of poison was handed over to the deceased which was consumed and, finally the deceased succumbed to death after three days of consumption.

Learned advocate again submits that on any stringent condition the petitioner may be released on bail. Learned advocate for the State opposes the prayer for bail and submits that there are overwhelming materials

appearing against the present petitioner and the postmortem report also reflects that death was due to consumption of poison.

I have taken into account the merits of the case and the factum that the main accusation against the present petitioner is charges of abetment.

Having regard to the period of detention as also the fact that charge-sheet has already been submitted and the case is yet to be committed to be court of Sessions, I am inclined to enlarge the petitioner on bail at this stage. Hence, the prayer for bail of the petitioner is Allowed.

Accordingly, the petitioner viz, Sumit Majhi @ Samir shall be released on bail upon furnishing bond of Rs.20,000/-(Rupees Twenty Thousand only), with two sureties of Rs.10,000/- (Rupees Ten Thousand only) each, one of whom must be local, to the satisfaction of the learned CJM, Hooghly, Chinsurah.

If on bail, the petitioner shall be physically present on each and every date of the trial before the court in seisin of the case and shall not leave the jurisdiction of the district of Hooghly without prior permission of the learned court in seisin of the case.

Additionally, it is directed that till the case is committed to the court of sessions, the petitioner shall

attend the Inspector-in-charge of Dadpur Police Station once in a week until and unless modified by the learned Sessions Court where the case would be committed.

Accordingly, CRM(M) 2542 of 2025 is allowed.

Pending application(s), if any, is also disposed of. Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)