Jagannath Das v. The State Of West Bengal

06.02.2024 Serial no. 91 Anticipatory bail [Allowed] Dd CRM (A) 5552 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Labpur Police Station Case No. 131 of 2023 dated September 16, 2023 under Sections 302/201/34 of the Indian Penal Code, 1860.

(G.R. Case No. 982/2023) -AndIn the matter of : Jagannath Das ... ... Petitioner Mr. Tapas Kr. Ghosh, Mr. Tanmay Chowdhury, Advocates ... ... For the Petitioner Mr. Debasish Roy, PP Mr. Joydeep Biswas, Advocates ... ...For the State Mr. Sujoy Sarkar, Mr. Rahul Chachan, Advocates ... ...For the de facto complainant Co-accuseds were granted bail by the jurisdictional Court after returning a finding that the victim committed suicide.

We perused the postmortem report.

There are two injury marks on the body. One is a nonligature mark which suggests suicide. Other is a peri ligature aberration noted over left angel of mandible region. Injuries noted in the postmortem report suggest that the victim committed suicide.

As to whether the petitioner before us was complicit in abeting to commit suicide may be decided at the trial. In such circumstances, we 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 further condition that the petitioner shall 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) 5552 of 2023 is disposed of.

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