Calcutta High CourtCRM/2098/2021allowed

Rupa Jha v. State Of West Bengal

2021-07-30Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Suvra Ghosh2 pages

52.

30.07.2021 Ct.32 Tanmoy Allowed C.R.M. 2098 of 2021 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 23/02/2021 in connection with English Bazar Police Station Case No. 1262/18 dated 27/11/2018 under Sections 498A/307/354/34 of the Indian Penal Code.

And In the matter of: - Rupa Jha ....petitioner.

Mr. Musharraf Alam Sk, Mr. Krishan Ray, Mr. Souvik Das, Ms. Amrita Chel, Ms. Anamitra Banerjee ...for the petitioner.

Mr. Saibal Bapuli, A.P.P.

Mr. Imran Ali, Mr. Mirza Firoj Ahmed Begg ...for the State.

The petitioner is the sister-in-law of the victim. We have considered the material in the Case Diary and the statements recorded under Sections 161/164 of the Code of Criminal Procedure. We are told that the petitioner used to reside separately from the victim and her matrimonial family. The husband and the in-laws of the petitioner have been granted bail by the learned Court below. Charge-sheet has also been submitted.

In the facts and circumstances afore-stated and considering the nature and gravity of the offence that the petitioner has been charged with and the possible extent of her complicity in the commission of offence therein, we are of the

view that immediate custodial interrogation of the petitioner may not be necessary. She may be granted anticipatory bail. Accordingly, in the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer and shall abide by the conditions laid down in Section 438(2) of the Code of Criminal Procedure until further orders.

In case the petitioner fails to adhere to any of the conditions mentioned in Section 438(2) of the Code, the learned Court below shall be entitled to cancel the anticipatory bail without further reference to this Court.

The application for anticipatory bail being C.R.M. 2098 of 2021 is, thus, allowed.

All parties shall act in terms of server copy of this order downloaded from the official website of this Court. (Suvra Ghosh, J.) (Arijit Banerjee, J.)