Sandhya Majumder v. State Of West Bengal

02.02.2021 Item No.94 Ct.No.28 Subha Allowed C.R.M. 1023 of 2020 (Via Video Conference) In Re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure.

And In the matter of : Sandhya Majumder .. Petitioners.

Mr. Sourav Chatterjee Mr. Ayan Chakraborty Mr. H. R. Singh ... For the Petitioner.

Mr. Saibal Bapuli, ld.APP Mr. Arani Bhattacharyya ... For the State. Mr. Arindam Sen ....Intervenor. Apprehending arrest in connection with Barasat Police Station Case No. 703 of 2019 dated 20.12.2019 under Sections 420/406 of the Indian Penal Code, the present application has been filed.

Mr. Chatterjee, learned advocate appearing for the petitioner submits that there has been an amicable settlement between the present petitioner and the de facto complainant, Md. Farooq uddin.

Mr. Bapuli, learned advocate for the State produces the case diary and draws the attention of this court to page 160 of the case diary wherefrom it reflects that an application has been filed before the learned Chief Judicial Magistrate, Barasat, North 24 Parganas along with an affidavit wherein it is expressed that the dispute has been amicably settled.

In view of the fact that the offences so alleged under Section 420/406 of the Indian Penal Code which is compoundable in nature, we are of the opinion that the custodial detention of the petitioner is not at all necessary. Accordingly, we allow the application for anticipatory bail and direct that in the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only) 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.

The application for anticipatory bail, being CRM 1023 of 2020 is, thus, disposed of.

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