Ruchit Goyal v. The State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI 12.12.2023. C.R.M. (A) 980 of 2023 14/tkm In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Nagrakata P.S case no. 134 of 2023 dated 13.9.2023 under sections 498A/302/34 IPC And Allowed In Re : Ruchit Goyal ......petitioner Mr. Subham Ghosh Mr. M Roy ...for the Petitioner Mr. Nilay Chakraborty, Mr. Tapan Bhattacharjee ...for the State 1.

Petitioner submits that the victim died due to natural causes. Co-accused have been granted pre-arrest bail. He prays for similar relief.

2.

Learned lawyer for the State opposes the prayer for anticipatory bail. He submits petitioner is the husband of the victim lady. Petitioner and other accused tortured the victim and she was not extended proper treatment. As a result, she died.

3.

We have considered the material on record. Post mortem report shows death was due to natural causes. Allegations of torture are general and omnibus. Co-accused have been granted pre-arrest bail. Petitioner stands on the same footing with the said co-accused. Under such circumstances, we are inclined to extend similar relief to the petitioner also.

4.

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, to the satisfaction of the Arresting Officer and also subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure, 1973.

5.

Petitioner shall appear before the court below and pray for regular bail within four weeks from date. 6.

The application being CRM (A) 980 of 2023 is disposed of.

(Apurba Sinha Ray, J.) (Joymalya Bagchi, J.)