Promo Barman @ Pramajit And ORS. v. The State Of West Bengal

04-04-2025 (ct. no.01) KOLE Allowed In the High Court At Calcutta Jalpaiguri Circuit Bench CRM (A) 206 of 2025 In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure/Section 482 of the BNSS in connection with Falakata Police Station Case No. 89 of 2025 dated 25.02.2025 under Sections 126(2)/118(2)/351(3)/3(5) of the BNS, 2023. - A n d - In the matter of : Promo Barman alias Pramajit & Ors. .... Petitioners.

Mr. Bablu Mitra, ... For the Petitioners.

Mr. Kollol Acharjee, Mr. Dhiman Sil, Mr. C. Roy, ... For the State.

1.

The petitioners say that the present case arose out of enmity between the concerned two families. The alleged incident is of February 23, 2025. The present complaint was lodged on February 25, 2025. The wife of the petitioner no. 2 lodged a complaint on February 26, 2025 against the defacto complainant of this case and her family members. The victim is the accused no. 1 in the counter case filed by the wife of the petitioner no. 2. The petitioners have no role to play in consumption of poison by the victim, causing her death. They are fully prepared to cooperate with the Investigating Officer.

2.

Learned State Advocate says that investigation is in progress. He shows me the post-mortem report. The report is to the effect that death was due to effects of poison, ante-mortem in nature.

3.

It is not that the victim was a member of the family of the petitioners. I do not want to express any opinion on the merits. 4.

On an overall assessment of the material on record and the possible extent of complicity of the petitioners in the alleged offence, I am of the view that immediate custodial interrogation of the petitioners may not be necessary so long as they are prepared to cooperate with the Investigating Officer.

5.

Accordingly, in the event of arrest, the petitioners, namely Promo Barman alias Pramajit, Deben Barman & Krishna Barman, shall be released on bail upon furnishing a bond of Rs.10,000/- each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer and shall abide by the conditions laid down in Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 until further orders and on further condition that the petitioners shall report to the Investigation Officer within seven days. The petitioners shall report to the Investigating Officer once in a fortnight and as and when called for until further orders.

6. In case the petitioners fail to adhere to any of the conditions mentioned hereinabove or in Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the learned Court below shall be entitled to cancel the anticipatory bail without further reference to this Court. 7.

The application for anticipatory bail being CRM (A) 206 of 2025 is disposed of.

8.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court. ( Arijit Banerjee, J. )