Uttam Barman And ANR v. The State Of West Bengal

30.11.2023 Serial no.11 Court No.1 (CHC) (Allowed) Calcutta High Court In The Circuit Bench at Jalpaiguri Appellate Side CRM (A) 929 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Tufanganj Police Station Case No. 752 of 2023 dated 25.08.2023 under Section 306 of the Indian Penal Code, 1860.

-AndIn the matter of : Uttam Barman & anr.

... ... Petitioners Mr. Hillol Saha Podder, Advocate Ms. Mousumi Das, Advocate ... ... For the Petitioners Mr. Nilay Chakraborty, Advocate Mr. Dhiman Sil, Advocate ... ...For the State Petitioners pray for anticipatory bail.

Post Mortem Report of the victim suggest that, the victim died as a result of hanging. A ligature mark was found on the neck of the victim.

Dead body of the victim was discovered at Noida. Police compliant was lodged at Tufanganj Police Station.

Allegations as against the petitioners are that the petitioners arranged for the victim to be appointed as a labourer. It is also alleged that the victim was taken by the petitioners to Delhi. However, it is not alleged that, the petitioners were present at Noida at the time of death. Considering the materials in the Case Diary and in view of the facts noted above, we grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only) each, with two sureties of like amount each, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioners shall report before the Investigating Officer once in a fortnight till the conclusion of the investigation and on further condition that the petitioners shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court. Prayer for anticipatory bail of the petitioners is allowed.

CRM (A) 929 of 2023 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)