Subhankar Dey Sarkar@Subhankar Deb Adhikari v. The State Of West Bengal

13-11-2024 (ct. no.01) KOLE Allowed In the High Court At Calcutta Jalpaiguri Circuit Bench CRM (A) 823 of 2024 In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure/Section 482 of the BNSS in connection with Kotwali Police Station Case No. 241 of 2024 dated 02.04.2024 under Sections 306/34 of the Indian Penal Code. - A n d - In the matter of : Subhankar Dey Sarkar @ Subhankar Deb Adhikari .... Petitioner.

Mr. Milindo Paul, Mr. Nabankur Pual, Mr. Sutapa Sen Paul, Mr. Subham Das, Mr. B. Ghosh, ... For the Petitioner.

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

Order dictated by Arijit Banerjee, J.:

1.

The allegation is of aiding and abetting suicide. The petitioner says that he has absolutely no role to play in the alleged offence. The petitioner is a debt collection field executive for a finance company. Upon the victim failing to repay the concerned loan the petitioner had visited him and requested him to pay up. The petitioner then disappeared for a week and was later found to have committed suicide at his workplace. His son filed the complaint.

2.

Learned Advocate for the State draws our attention to the material in the case diary. He leaves the matter to the discretion of the Court.

3.

We find that two out of three accused persons have already been granted anticipatory bail. This petitioner stands

exactly on the same footing as that person. Charge sheet has been filed upon completion of investigation.

4.

In our considered view, immediate custodial interrogation of the petitioner is not necessary.

5.

Accordingly, in the event of arrest, the petitioner, namely, Subhankar Dey Sarkar @ Subhankar Deb Adhikari, 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, 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 until further orders and on further condition that the petitioner shall report to the Officer in Charge of the concerned Police Station once in a fortnight until further orders.

6. In case the petitioner fails to adhere to any of the conditions mentioned in Section 438(2) of the Code, the learned Court below shall be entitled to cancel the anticipatory bail without further reference to this Court.

7.

CRM (A) 823 of 2024 is, thus, disposed of.

8.

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