Premlata Dahiya v. State Of West Bengal

05.07.2024 Court No.29 Item No. 12 Allowed sg CRM (A) 573 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Golabari Police Station Case No. 316 of 2023 dated 06.10.2023 under Sections 420/406 of the Indian Penal Code, pending before the learned Chief Judicial Magistrate, Howrah. And In Re: Mrs. Premlata Dahiya Petitioner Mr. Pawan Kumar Gupta Mr. S. Nesar Mr. Santanu Sett For the Petitioner Mr. Sandip Chakraborty For the State Mr. Sabyasachi Chatterjee Mr. Pintu Karan Mr. Akashdeep Mukherjee Mr. Sabab Uddin Laskar For the defacto complainant 1.

The petitioner is the wife of Jagdish Dahiya against whom allegations have been made that he along with Aditya Dahiya has received a sum over Rs.20 lakhs between 2021-22 as business loan from the de-facto complainant.

2. The learned Counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the instant case. 3.

The learned Counsel for the State has produced the case diary, first information report and few bank statements and submits that the petitioner is involved as well.

4.

The learned Counsel for the de-facto complainant submits that the de-facto complainant has been cheated.

Signed By :

SANJIB GHOSH High Court of Calcutta 5 th of July 2024 05:36:14 PM

5.

Considering the materials available in the case diary, nature and extent of complicity and involvement of the petitioner in the commission of alleged offence and having regard to the fact that the principal accused has already been enlarged on bail, we are of the view that custodial interrogation of the present petitioner is not necessary.

6.

Accordingly, we direct that in the event of arrest the petitioner namely, Premlata Dahiya, shall be released on bail upon furnishing a bond of Rs.25,000/-, with two sureties of like amount each, one of whom must be local, to the satisfaction of Arresting Officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and the petitioner shall cooperate with the investigation. The petitioner shall appear before the learned Chief Judicial Magistrate, Howrah, in connection with G.R. Case No. 4912 of 2023 within two weeks from date. 7.

Accordingly, the prayer for anticipatory bail of the petitioner is allowed. 8.

CRM (A) 573 of 2024 is, thus, disposed of.

9. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Soumen Sen, J.) (Uday Kumar, J.)