Calcutta High CourtCRM (A)/19/2022allowed

Josnara Bibi v. State Of West Bengal

2022-01-28Hon'Ble Justice Tapabrata Chakraborty,Hon'Ble Justice Sugato Majumdar2 pages

28.01.2022 rrc CRM (A) 19 of 2022 (via video conference) Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure.

In the matter of : Josnara Bibi ..... petitioner Mr. Ramdulal Manna Mr. Sayan Mukherjee .....For the petitioner Mr. Subrata Roy .....For the State Apprehending arrest in connection with Harishchandrapur Police Station Case No. 09 of 2021 dated 05.01.2021 under Sections 341/325/308/506/34 of the Indian Penal Code, the present application has been preferred.

Heard the learned advocates appearing for the respective parties.

Having considered the materials in the case diary including the injury reports and bearing in mind the nature of accusations in the light of the submissions made by the parties and in view of the fact that upon completion of investigation, charge sheet has been submitted, we are of the opinion that custodial interrogation of the petitioner is not necessary. The petitioner is a female family member and prima facie, there is also no possibility that the petitioner would flee from justice.

Accordingly, we allow this application and direct that in the event of arrest the petitioner, namely, Josnara Bibi 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 Arresting Officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973. It is further directed that the petitioner shall not tamper with the evidence and/or intimidate the witnesses. She shall also attend learned Court below on all the dates, as specified for hearing.

In the event the petitioner fails to comply with the aforesaid directions, without any justifiable cause, the learned Court below shall be at liberty to cancel her bail, in accordance with law, without further reference to this Court.

The application for anticipatory bail, being CRM (A) 19 of 2022, is, thus, disposed of.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Sugato Majumdar, J.) (Tapabrata Chakraborty, J.)