Aloka Roy And ORS v. State Of West Bengal

CRM (A) 739 of 2022 21.02.2022 Sl. 07 Court No.29 suvayan (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Shyampur P.S. Case No. 198 of 2021 dated 16/05/2021 under Sections 498A/326/307/406/313/34 of the Indian Penal Code read with Section 3 and 4 D.P. Act.

And In the matter of: Aloka Roy & Ors.

....petitioners.

Mr. Sabyasachi Chatterjee ...for the petitioners.

Mr. Imran Ali Ms. Debjani Sahu ...for the State.

Petitioners seek anticipatory bail.

Learned Advocate appearing for the petitioners submits that the petitioners were falsely implicated. Learned Advocate appearing for the State draws the attention of the Court to the contents of the case diary. In particular, he draws the attention of the Court to the statements of the victim recorded under Section 161 of the Criminal Procedure Code. He submits that the husband of the defacto complainant was arrested in Coimbatore this morning. So far as other co-accused were concerned, two are enlarged on bail. Considering the gravity of the offence and the involvement of the petitioners therein and considering the fact that husband of the defacto complainant stands arrested and considering the fact that there is no medical report to support the allegations under Section 313 of the Indian Penal Code, 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/- each with two sureties of like amount each to the satisfaction of the Arresting Officer and also 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 shall co-operate with the investigations and that the petitioners shall appear before the jurisdictional Court and pray for regular bail within four weeks from date. The application for anticipatory bail being CRM (A) 739 of 2022 is, thus, disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)