Goutam Barman v. The State Of West Bengal

CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI 23.08.2023 Court No.1 Item.55 (sg/ks) CRM(A) 633 OF 2023 In Re: An application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure, 1973 filed in connection with Kotwali Police Station Case No.206 of 2022 dated 07.04.2022 under Sections 379/411 of the Indian Penal Code.

And In the matter of: Goutam Barman . .. . . . . .Petitioner.

Mr. Joydeep Kanta Bhowmik Mr. Sayantan Bhowmik Ms. Rikta Sarkar For the Petitioner.

Mr. Tapan Bhattacharya Ms. Sukanya Adhikari For the State

1. We have considered the material placed before us including the suicide note of the victim. We find that most of the co-accused, which have been named in the suicide note have been granted anticipatory bail by Co-ordinate Benches.

2. There are at least three orders on record to corroborate the aforesaid fact.

3. We are hence of the opinion that the petitioner's custodial interrogation is not required and the petitioner's prayer for anticipatory bail be granted.

4. We accordingly 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, one of who must be local, to the satisfaction of the Arresting Officer and also comply with the conditions laid

down under Section 438(2) of The Code of Criminal Procedure, 1973. The petitioner shall cooperate with the investigation and make himself available for questioning to the Investigating Officer once in a fortnight until further orders. The petitioner shall also not intimidate any witnesses or tamper with any evidence in any manner whatsoever.

5. The application for anticipatory bail being CRM (A) 633 OF 2023 is allowed and disposed of in terms of the above.

(PRASENJIT BISWAS,J.) (MOUSHUMI BHATTACHARYA,J.)