Subhan Ali v. State Of West Bengal

08.10.2020 SL No.34 Court No.10 (sd) (Allowed) CRM 7633 of 2020 CRAN 1 of 2020 (Through Video Conference) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kandi P.S. Case No. 107/2020 dated 25.01.2020 under Section 306 of the Indian Penal Code .

And In the matter of: Subhan Ali ....Petitioner.

Mr. A. Chakraborty ...for the Petitioner.

Mr. T. Ghosh Mr. A. Sen ...for the State.

The petitioner undertakes to affirm and stamp the petition/application as per Rules within one month of resumption of normal functioning of the Court. Subject to such undertaking, the application is taken up for hearing through video conference. Accordingly, the application being CRAN 1 of 2020 is disposed of.

The petitioner is the husband of the deceased. The learned counsel appearing for the petitioner submits that the petitioner has been falsely implicated in this case. The victim committed suicide by hanging in her own house. It is further submitted that the father of the petitioner was arrested and released on bail on 18th April 2020.

The learned counsel for the State opposes the prayer for bail. It is submitted that due to mental torture and cruelty, the daughter of the complainant committed suicide.

Having considered the materials on record and prima facie extent of involvement of the petitioner in the commission of the alleged offence and having regard to the fact that charge sheet has been filed, custodial interrogation of the petitioner may not be necessary. Accordingly, we allow the anticipatory bail to the petitioner.

In the event of arrest, the petitioner shall be released on anticipatory bail upon furnishing a bond of Rs.10,000/- (rupees ten thousand) together with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer subject to the condition as laid down under Section 438(2) of the Cr.P.C. The petitioner shall attend court on all future dates as may be fixed by the trial court.

The application for anticipatory bail being CRM 7633 of 2020 is allowed.

All parties are to act on a website copy of this order on the usual undertaking.

(Saugata Bhattacharyya, J.) (Soumen Sen, J.)