Anup Sarkar@Anup Kumar Sarkar v. State Of West Bengal

02.01.2023 Serial no.36 Aloke CRM (A) 6005 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Dhantala Police Station Case No. 765 of 2022 dated 01.11.2022 under Section 306 of the Indian Penal Code.

-AndIn the matter of : Anup Sarkar @ Anup Kumar Sarkar ... ... Petitioner Mr. Shibaji Kr. Das, Advocate Ms. Rupsa Sreemani, Advocate ... ... For the Petitioner Mr. Joydeep Roy, Advocate Ms. Sujata Das, Advocate ... ...For the State Petitioner seeks anticipatory bail.

Apparently, the victim committed suicide.

There are statements of the neighbours claiming that the petitioner and the victim were in an illicit relationship and that the petitioner abetted in the commission of the suicide. The statement of the neighbours are general and omnibus in nature.

In such circumstances, we are inclined to grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only), 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 and on condition that the petitioner will report before the Investigating Officer once in a fortnight till the conclusion of the investigation and on further condition that the petitioner 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 petitioner

in Court including cancelling the anticipatory bail granted without further reference to this Court.

Prayer for anticipatory bail of the petitioner is allowed. CRM (A) 6005 of 2022 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)