Radharani Pal And ORS v. State Of West Bengal

15.01.2024 Item No.13 Ct. No. 29 CHC Allowed C.R.M.(A) 89 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Mohanpur Police Station Case No. 46 of 2023 dated 17.02.2023 under Sections 195A/506/34 of the Indian Penal Code. And In the matter of : Radharani Pal & ors.

...... petitioners Mr. Purnasis Bhuniya ....for the petitioners Md. Kutubuddin ....for the State Petitioners pray for anticipatory bail.

Petitioners before us are ladies.

The materials in the Case Diary does not contain statements of independent persons who witnessed the incident. Apparently, the statements of the neighbours are based on hearsay evidence.

In such circumstances, we grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand only) each, with two sureties of like amount each, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on

further condition that the petitioners will cooperate with the investigation till the conclusion of investigation and on condition that the petitioners shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court. This application for anticipatory bail is, thus, allowed. CRM(A) 89 of 2024 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)