← Library
Calcutta High CourtCRM (A)/726/2023allowed

Babita Chowdhury v. State Of West Bengal

2023-02-20Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

20.02.2023 Serial no. 12 [Dd] (Anticipatory bail) Allowed) CRM (A) 726 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Nabadwip Police Station Case No. 53 of 2023 dated 01.02.2023 under Sections 341/325/307/34 of the Indian Penal Code. -AndIn the matter of : Babita Chowdhury ... ... Petitioner Mr. Kallol Mondal, Mr. Krishan Roy, Mr. Anindya Ghosh, Mr. Souvik Das, Advocates ... ... For the Petitioner Mr. Joydeep Roy, ld. Jr. Govt. Adv.

Ms. Sujata Das, Advocates ... ...For the State There are disputes among the private parties with regard to an immovable property. There is a pending civil suit. Apparently, an incident of assault took place with regard to such civil disputes where a person suffered injuries. Considering the gravity of the offence, the involvement of the petitioner in the incident and the materials in the case diary, we are inclined to grant anticipatory bail to the petitioner. Accordingly, we 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, 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 petitioner shall cooperate with the investigations till its conclusion and on further condition that the

petitioner 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 petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court.

Prayer for anticipatory bail of the petitioner is allowed. CRM (A) 726 of 2023 is disposed of.

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