Babun Das @ Baman Das v. The State Of West Bengal

26.11.2024 Sl. No. 14 Sourav/ Suvayan [ALLOWED] C. R. M. (A) 4094 of 2024 In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure read with Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Baishnabnagar Police Station Case No. 923 of 2024 dated 14.09.2024 under Sections 351(2)/107 of Bharatiya Nyaya Sanhita, 2023.

And In the matter of: Babun Das alias Baman Das ... ... Petitioner.

Mr. Milon Mukhjee, Sr. Adv.

... ... for the petitioner.

Mr. Bitasok Banerjee Mr. Debanshu Ghorai ... ... for the State.

1.

Petitioner submits that the victim girl had developed relationship with his brother-in-law Biplab Das. She committed suicide. Petitioner was not present at the place of occurrence and was falsely implicated. He prays for anticipatory bail.

2.

Learned advocate for the State opposes the prayer. 3.

We have considered the materials on record. Statements of witnesses allege that the petitioner and others came to the residence of the victim and threatened to kidnap her. Credibility of the allegation has to be assessed in the light of the defence version that there was a romantic relationship between victim and Biplab Das at the appropriate stage of the proceeding. Victim had not left behind any suicide note implicating the petitioner.

Signed By :

SUVAYAN GHOSH High Court of Calcutta 28 th of November 2024 05:36:14 PM

4.

In view of the aforesaid circumstances, we are inclined to grant anticipatory bail to the petitioner.

5.

Accordingly, we direct that in the event of arrest, the petitioner 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 BNSS. He shall appear before the court below and pray for regular bail within four weeks from date.

6.

Accordingly, the prayer for anticipatory bail is allowed. 7.

The application being CRM (A) 4094 of 2024 is, thus, disposed of.

(Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By :

SUVAYAN GHOSH High Court of Calcutta 28 th of November 2024 05:36:14 PM