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Calcutta High CourtCRM (A)/4350/2024allowed

Aparna Das v. The State Of West Bengal

2024-12-12Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Apurba Sinha Ray2 pages

12.12.2024 as [ALLOWED] C. R. M. (A) 4350 of 2024 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Uluberia Police Station Case No. 382 of 2024 dated 24.09.2024 under Sections 318(4)/108 of BNS 2023. In Re: Aparna Das.

... ... Petitioner Mr. Kunal Ganguly.

... ... for the petitioner Mr. Rudradipta Nandy, Ld. A.P.P., Mr. Dattatreya Dutta.

... ... for the State 1.

Petitioner submits victim was a member of a self help group. She had tension with other members of the group. Out of depression she committed suicide. Petitioner has been falsely implicated. Accordingly, she prays for anticipatory bail. 2.

Learned Advocate for the State opposes the prayer for anticipatory bail.

3.

We have considered the materials on record. Petitioner is a friend of the victim who was working in a self help group. In her suicide note victim stated due to the role of the petitioner, she was embarrassed before members of her group and had committed suicide. Other statements show victim had taken money from the group and handed over the petitioner. However, the suicide note does not disclose such monetary transaction. No money receipt had also been seized during investigation supporting the statements of witnesses.

Signed By : ALOK SETH High Court of Calcutta 13 th of December 2024 05:39:27 PM

4.

Under such circumstances, we are of the view whether the conduct of the petitioner would constitute abetment to suicide may be assessed at the appropriate stage of the proceeding. Custodial interrogation of the petitioner for progress of investigation is not necessary and she may be granted anticipatory bail.

5.

Accordingly, we direct that in the event of arrest, the petitioner viz., Aparna Das 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. She 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. (Apurba Sinha Ray, J.) (Joymalya Bagchi, J.) Signed By : ALOK SETH High Court of Calcutta 13 th of December 2024 05:39:27 PM