Arup Sen @ Arup Kumar Sen Vs the State of West… — Murder and Culpable Homicide | Calcutta HC (2025)

Arup Sen @ Arup Kumar Sen Vs the State of West… — Murder and Culpable Homicide | Calcutta HC (2025)

What the court decided

AI extract

Outcome

Bail granted: release on bond of Rs.10,000/- with two sureties of like amount each (one of whom must be local), to the satisfaction of the learned Chief Judicial Magistrate, Raiganj, Uttar Dinajpur, subject to appearance on every date of hearing and non-intimidation of witnesses/non-tampering with evidence; the application for bail is disposed of and the case diary is to be returned.

Issue for consideration

Whether the petitioner, accused in Raiganj Police Station Case No. 1087 of 2024 under Sections 103(1) of the BNS, may be enlarged on bail, i.e., whether his further detention is required.

Court's answer

Further detention of the petitioner is not required and he may be granted bail.

Ratio / Principle

The prayer for bail is allowed.

Key takeaways

The petitioner is to be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand only) with two sureties of like amount each.ratio¶9
Release is subject to the condition that the petitioner shall appear before the learned trial Court on every date of hearing fixed by the learned Court and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.ratio¶11
If the petitioner fails to appear before the learned trial Court on any date without justifiable cause, the learned trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

Detailed headnote1 paragraphs

Bail under Section 483, Bharatiya Nagarik Suraksha Sanhita, 2023 - Petitioner Arup Sen @ Arup Kumar Sen, accused in Raiganj Police Station Case No. 1087 of 2024 dated 29/10/2024 under Sections 103(1) of the BNS, the deceased being his daughter - The wife, represented before the Court, submitted that the petitioner suffered huge financial loss in business and was in a state of depression which resulted in the alleged incident, that he fondly loved the deceased, and that there was no malice/ulterior motive - On consideration of the submissions of the parties and the material on record, the Court held that further detention of the petitioner was not required - Bail allowed on 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 Chief Judicial Magistrate, Raiganj, Uttar Dinajpur - Conditions: appearance before the trial Court on every date of hearing; no intimidation of witnesses or tampering with evidence - Failure to appear without justifiable cause entitles the trial Court to cancel bail in accordance with law without further reference to this Court - Application for bail disposed of; case diary to be returned. (Suvra Ghosh, J.)

April 10, 2025 31 ARDR Allowed

CRM(DB) 446 of 2025

In Re : An Application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Raiganj Police Station Case No. 1087 of 2024 dated 29/10/2024 under Sections 103(1) of the BNS.

And In Re : Arup Sen @ Arup Kumar Sen ... Petitioner. Sr. Adv. Sandipan Ganguly, Adv. Suman Kumar Dutta, Adv. Amit Ray, Adv. Manaswita Mukherjee, ... for the petitioner. Adv. Tanmoy Biswas, Adv. Antara Mukherjee, …for the wife. Adv. Avishek Sinha, Adv. Nahid Ahmed, ... for the State.

Report submitted by the State is taken on record.

The wife of the petitioner is represented and submits that the petitioner suffered huge financial loss in his business and was in a state of depression which resulted in the alleged incident. The petitioner fondly loved the deceased who was his daughter and there was no malice/ulterior motive on the part of the petitioner in murdering her.

Upon consideration of the submission made on behalf of the parties as well as material on record, this Court is of the view that further detention of the petitioner is not required and he may be granted bail.

Accordingly, the prayer for bail is allowed.

The petitioner, namely, Arup Sen @ Arup Kumar Sen, be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten Thousand only), with two sureties of like amount each, one of

2

whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Raiganj, Uttar Dinajpur, subject to the condition that he shall appear before the learned trial Court on every date of hearing fixed by the learned Court and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event the petitioner fails to appear before the learned trial Court on any date without justifiable cause, the learned trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

The application for bail is disposed of.

Case Diary be returned.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)