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Judgment
Arindam Lodh, J
This is an application filed under Section 482 of the BNSS, 2023 for granting pre-arrest bail to the accused-applicant who is in serious apprehension that he may be arrested by the police in connection with Sonamura PS case No.2024 SNM 072 registered under Sections 85/80/49 of the BNS Act, 2023.
Heard Mr. Subrata Sarkar, learned senior counsel assisted by Mr. K. D. Singha, learned counsel appearing for the accused-applicant. Also heard Raju Datta, learned PP appearing for the State-respondent.
The prosecution story is that after marriage, the accused-applicant along with other in-laws were demanding so many articles including a cash amount of Rs.1,00,000/- (rupees one lakh) for purchasing a bike from the daughter of the complainant. It is stated in the FIR that the complainant, i.e. the mother of the deceased, had paid Rs.1.00 lakh to the accused person due to his constant pressure and mental torcher upon her daughter, but inspite of the amount, the demand from the accused person did not stop. The complainant had received information in the intervening night of 27.07.2024 and 28.07.2024 at about 03.00 hours that her daughter committed suicide by consuming poison and died at the night of 27.07.2024. Thereafter, the complainant lodged a complaint against the accused-husband, Sri Rajib Deb.
Mr. Sarkar, learned senior counsel appearing for the accused-applicant has submitted that the accused-applicant was totally innocent and is falsely implicated in the case. According to learned senior counsel, it is a case of simple suicide. After consuming poison, the deceased was stranding like anything when the husband told her what had happened to her. The deceased wife had disclosed to him that she consumed poison and thereafter, without loss of time the husband-accused had taken her to Melaghar Hospital. Considering her seriousness, she was thereafter shifted to G.B.P. Hospital, Agartala where she died.
I have perused the case diary. It is an admitted fact that the deceased was taken to Melaghar Hospital where she was given some preliminary treatment and thereafter she was shifted to G.B.P. Hospital, Agartala. From the case diary, it is revealed that the deceased did not disclose anything about the involvement of the accused-applicant in poisoning her, though she was conscious when she was taken to Melaghar Hospital. The complaint was lodged on 30.07.2024, i.e. after three days of the death of the deceased. From the surathal report, it comes to fore that there was no sign of any injury on the person of the deceased. Post-mortem report however reveals that she consumed poison and there was no injury on her person.
In the light of above circumstances, in my opinion, this is a fit case for granting anticipatory bail in favour of the accused-applicant.
Accordingly, it is ordered that in the event of arrest, the accused-applicant, namely Sri Rajib Deb shall be released on bail on his furnishing a bail bond of Rs.50,000/- (Rupees fifty thousand) with one surety of like amount to the satisfaction of the arresting authority. However, it is directed that the accused-applicant, i.e. Sri Rajib Deb shall appear before the Investigating Officer once in a week and he will cooperate with the process of investigation.
In terms of the above directions, the instant anticipatory bail application stands allowed and disposed.
