Satarupa Nayek And ANR v. State Of West Bengal

17.03.2022 rrc CRM (A) 657 of 2022 (via video conference) Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure.

In the matter of : Satarupa Nayek & Anr.

..... petitioners Mr. Saryati Datta .....For the petitioners Mr. Ranabir Roy Chowdhury Mr. Mainak Gupta .....For the State Apprehending arrest in connection with Kotwali Police Station Case No. 874/2020 dated 16.11.2020 under Sections 420/406/120B of the Indian Penal Code, the present application has been preferred.

Mr.

Datta, learned advocate appearing for the petitioners submits that the petitioners are the daughters of Deb Narayan Nayek and Sipra Nayek, who had already been granted anticipatory bail by this Court on 21st January, 2022. The dispute has a civil profile and in the said conspectus, custodial interrogation may not be necessary. Mr. Roy Chowdhury, learned advocate appearing for the State opposes the petitioners' prayer and draws our attention to the statements of the witnesses as well as other materials in the case diary.

Heard the learned advocates appearing for the respective parties.

Prima facie, the dispute has a civil profile and considering the fact that the parents of the petitioners herein have already been granted anticipatory bail, we are of the

opinion that custodial interrogation of the petitioners is not necessary.

Accordingly, we allow this application and direct that in the event of arrest the petitioners, namely, Satarupa Nayek and Sudeshna Nayek shall be released on bail upon furnishing a bond of Rs.10,000/- each, 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 with a further condition that the petitioners shall cooperate with the investigation. It is further directed that the petitioners shall not tamper with the evidence and/or intimidate the witnesses. They shall also attend learned Court below on all the dates, as specified for hearing.

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

The application for anticipatory bail, being CRM (A) 657 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.)