Calcutta High Court (Appellete Side)
Bapan Malithya vs Unknown on 7 March, 2025
42
07-03-2025
(ct. no. 29)
KOLE
Allowed
CRM (DB) 254 of 2025
In re: An application for bail under Section 439 of the Code of Criminal
Procedure/Section 483 of the BNSS in connection with Karimpur
Police Station Case No. 162 of 2024 dated 04.09.2024 under
Sections 85/103/3(5) of the BNS and Section 3/4 of the DP Act.
-And-
In the matter of : Bapan Malithya
.... Petitioner.
Mr. Joydeep Biswas,
Mr. Asraf Mondal,
Mr. Kaushik Ghosh,
... For the Petitioner.
Mr. Iqbal Kabir,
Ms. Afreen Begum,
... For the State.
Order dictated by Arijit Banerjee, J.:
1. The petitioner is the husband of the victim lady. He says
that he has been falsely implicated. His parents and sister have all
been granted anticipatory bail by a Coordinate Bench by an order
dated December 23, 2024 passed in CRM (A) 4617 of 2024. He
says that he stands on the same footing as the other accused
persons who have been granted anticipatory bail.
2. We have seen the order of the coordinate bench granting
anticipatory bail to the other accused persons. We quote
paragraphs 4 and 5 of the said order, which read as follows:-
“4. We have considered the materials on
record including the statement of the minor son
who alleges her mother was murdered. However,
the post mortem report shows death is due to
hanging which is predominantly suicidal.
5. In view of the aforesaid dichotomy which
improbalises the allegation of homicide and the
extent of involvement of the petitioner in the crime,
we are inclined to grant anticipatory bail to the
petitioners”.
2
3. In our opinion, same logic should apply to the present
petitioner. There appears to be serious inconsistency between the
statement of the minor son and the postmortem report.
4. In view of the aforesaid and considering that investigation
is complete and the petitioner is in custody for about 174 days, we
are of the view that further custodial detention of the petitioner is
not necessary.
5. Accordingly, we direct that the petitioner, namely, Bapan
Malithya, 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 Learned A.C.J.M, Tehatta, Nadia
subject to condition that he shall appear before the trial court on
every date of hearing until further orders and shall not intimidate
witnesses or tamper with evidence in any manner whatsoever and
on further condition that the petitioner while on bail shall remain
within the jurisdiction of the concerned police station except for the
purpose of attending court proceedings and shall meet the I.C of
the said police station once in a fortnight until further orders.
6. In the event the petitioner fails to adhere to any of the
conditions stipulated above without justifiable cause, the trial court
shall be at liberty to cancel the petitioner’s bail in accordance with
law without further reference to this court.
7. The application for bail is, accordingly, allowed.
8. All parties shall act in terms of server copy of the order
downloaded from the official website of this Court.
( Prasenjit Biswas, J. ) ( Arijit Banerjee, J. )
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