JUDGMENT :

1. The petitioners have filed the applications for anticipatory bail under Section 438 of the Cr.P.C. in connection with Kotwali Police Station Case No. 237 of 2023, dated 02.04.2023 under Sections 306/34 of the Indian Penal Code, 1860 corresponding to GR Case No. 1546 of 223.

2. Both the applicants have been named in the FIR following a suicide note dated 31.03.2023 of Aparna Bhattacharjee and Subodh Bhattacharjee (hereinafter referred to as “the deceased couple”) implicating the present petitioners along with Sandip Ghosh and Sonali Biswas.

3. In view of the fact that both the persons have been named in the suicide note and FIR, the applications were heard analogously.

4. On 8th May 2023 in an application filed by Saikat Chatterjee a Coordinate Bench directed filing of affidavits by the State in order to assess the nature and gravity of the offence for the purpose of granting anticipatory bail. However, protective order was passed in favour of Saikat Chatterjee to the effect that he shall not be arrested except with the leave of this Court and such leave may be obtained by the State of West Bengal or any other Investigating Agency if such right is vested in it.

5. The last limb of the direction was in view of a writ petition filed by the daughter of the victim for enquiry by the CBI. Till these matters were heard, the State has not filed any application disclosing the need to arrest Saikat Chatterjee.

6. In the writ proceeding, an order was passed on 19.05.2023 directing Mr. K.Jayraman, IPS, ADG, West Bengal to carefully supervise and oversee the investigation in Kotwali Police Station Case No. 237 of 2023, dated 02.04.2023 under Sections 306/34 of the Indian Penal Code. The investigation is still in progress.

7. Mr. Kishore Dutta, learned Senior Advocate representing the petitioner Saikat Chatterjee has submitted that Saikat has been falsely implicated and the authenticity of the suicide note is doubtful. In the suicide note it was alleged that on a false allegation that the deceased couple had taken a sum of Rs.20,00,00/- from different persons with a promise to give jobs, the four accused persons, including Saikat had started blackmailing the petitioners and created pressure upon the petitioners to hand over the title deed of their house, six undated blank cheques and an agreement signed by them. It was further alleged that these four persons have misrepresented the fact to the in law of their daughter in order to tarnish the image and reputation of the deceased couple and to create marital discard. This misrepresentation has marital discard and resulted in a divorce of the daughter of the deceased.

8. The suicide note suggests that the genesis of the dispute between the parties had started in 2017 when Subodh, the husband of Aparna was a member of CWC. H claimed to have disclosed the incidents of child trafficking to Kakoli Ghosh Kundu, Inspector, CID which had resulted a charge sheet being filed against 7 accused persons, which, inter alia include Chandana Chakraborty but left the four accused persons Saikat, Sandip, Sonali and Monomoy continued with their acts of child trafficking. Although their names were disclosed to the then Investigating Officer of the CID, Monotosh Sakar, the said Investigating Officer did not take any steps as he was a relative of Sonali Biswas and the name of Saikat and Monomoy were not deliberately included in the charge sheet.

9. Mr. Dutta has submitted that there is nothing on record to show that the deceased, since 2017 till date of suicide, had made any attempt to lodge a complaint against the said persons for being involved in child trafficking. The reason for committing suicide is not for the involvement of Saikat in child trafficking. Moreover no document or cheques has been seized from Saikat by the police authorities. The learned Senior Advocate has emphatically submitted that the fact that the title deed, six signed undated blank cheques and one agreement on a non-judicial stamp pa