Nani Gopal Raha v. The State Of West Bengal

CIRCUIT BENCH OF CALCUTTA HIGH COURT 13.06.2023 AT JALPAIGURI Court No.01 Item No. 7 Allowed sg CRM (A) 337 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with New Jalpaiguri Police Station Case No. 47 of 2023 dated 19.01.2023 under Sections 498A/307 IPC adding Section 302 IPC.

And In Re: Nani Gopal Raha Petitioner Mr. Joydeep Kanta Bhowmik Mr. Sayantan Bhowmik Ms. Rikta Sarkar For the Petitioner Mr. Aditi Shankar Chakraborty, Ld. APP Mr. Sourav Ganguly For the State The learned Counsel for the petitioner submits that the petitioner is innocent and is no way connected with the offence. The learned Counsel for the State, in opposing the prayer for anticipatory bail, submits that the charge-sheet has already been filed and there are no materials showing involvement of the petitioner in the commission of the alleged offence.

Considering the materials available in the case diary and the post-mortem report showing cause of the death is ante mortem in nature and the fact that the charge-sheet has already been filed, we are of the view that the custodial interrogation of the petitioner is not required and he may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/-, with two sureties of like

amount each, one of whom must be local, subject to the satisfaction of the Arresting Officer and also comply with the conditions as laid down in Section 438(2) of the Code of Criminal Procedure, 1973. The petitioner shall co-operate with the investigation. The petitioner shall meet the Investigating Officer each and every day.

Accordingly, the prayer for anticipatory bail of the petitioner is allowed. CRM (A) 337 of 2023 is, thus, disposed of.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Raja Basu Chowdhury, J) (Soumen Sen, J)