Rupali Sardar v. State Of West Bengal

CRM No.208 of 2021 19.01.21 (S.R.) Sl.202 Ct.28 In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Chakdaha Police Station Case No.195 of 2020 dated 13.07.2020 under Sections 498A/306/34 of the Indian Penal Code;

And In re: Rupali Sardar ... petitioner.

Ms. Minoti Gomes ... for the petitioner.

Mr. Faria Hossain Ms. Baisali Basu ...for the State.

The learned advocate appearing for the petitioner submits that the petitioner is the married sister-in-law of the deceased. The alleged incident occasioned about nine years after marriage. The husband of the deceased has already been granted bail on 14th September, 2020. Upon completion of investigation charge sheet has also been filed and as such custodial detention of the petitioner is not warranted. The learned advocate appearing for the State opposes the petitioner's prayer and draws our attention to several documents in the case diary.

Having heard the learned advocates and considering the materials in the case diary, the nature of allegation, the extent of complicity of the petitioner in the alleged offence and the fact that the husband of the deceased has already been granted bail, we are of the opinion that custodial detention of the petitioner is not necessary. Accordingly, we direct that in the event of arrest, the petitioner, namely, Rupali Sardar, shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount, 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.

Accordingly, the application for anticipatory bail being CRM No.208 of 2021, is allowed.

(Tirthankar Ghosh, J.) (Tapabrata Chakraborty, J.)