Shyamali Adak And ANR v. The State Of West Bengal

31.01.2025 Serial no. 4 Anticipatory Bail [Allowed] Dd CRM (A)/209/2025 In re : An Application for Anticipatory Bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Khanakul Police Station Case No. 725 of 2024 dated 23rd day of November, 2024 under Sections 85/109 of the Bharatiya Nyaya Sanhita, 2023 corresponding to GR Case No. 2321 of 2024 pending before the learned Additional Chief Judicial Magistrate, Arambagh, Hooghly.

-AndIn the matter of : SHYAMALI ADAK AND ANR. ... ... Petitioners Ms. Sompurna Chatterjee, Mr. Sourav Mondal, Ms. Labani Sikder, Mr. Souvik Dey, Advocates ... ... For the Petitioners Mr. Ashok Das, Advocate ... ...For the State

1. Petitioners are the in-laws of the de facto complainant.

2. The husband of the de facto complainant was arrested and enlarged on bail.

3. Injury report of the de facto complainant suggests an attempt to strangulate.

Statement of the de facto complainant before the medical officer examining her is that she was rescued by a lady.

4. Such lady recorded a statement under Section 180 of the BNSS, 2023 claiming that she did not intervene on the date of the incident although she watched the incident through the window. However, her statement does not implicate the petitioners before us.

5. Statement of the de facto complainant implicates the petitioners.

Signed By :

DEBABRATA DAS High Court of Calcutta 31 st of January 2025 03:18:59 PM

6. At this stage, the claim of the de facto complainant apparently remains uncorroborated by the persons who the de facto complainant stated rescued her during the incident.

7. 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 482(2) of the BNSS, 2023 and on further condition that the petitioner 2 shall report before the Investigating Officer once in a fortnight till the conclusion of the investigation and petitioner no. 1 shall cooperate with the investigation till its completion and on further 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.

8. Prayer for anticipatory bail of the petitioners is allowed.

9. CRM (A)/209/2025 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.) Signed By :

DEBABRATA DAS High Court of Calcutta 31 st of January 2025 03:18:59 PM