Barnali Das v. State Of West Bengal

C.R.M. (A) 1410 of 2022 29.03.2022 Sl. 11 Court No.29 sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 22.03.2022 in connection with Singur P. S. Case No. 54 of 2022 dated 13.02.2022 under Sections 447/ 325/ 326/ 307/ 427/ 504/ 506/ 34 of the Indian Penal Code.

And In the matter of: Barnali Das ....petitioner.

Mr. Suman Chakraborty, ...for the petitioner.

Mr. Arunava Ganguly, Mr. Piyush Chaudhury, ...for the defacto complainant.

Mr. S. S. Imam, Mr. Arabinda Manna, ...for the State.

Petitioner seeks anticipatory bail.

Learned advocate appearing for the petitioner submits that the petitioner was falsely implicated. The petitioner is a lady and is studying Bachelor of Arts. He submits that the father of the petitioner lodged a previous police complaint against the defacto complainant and his family members. The dispute was between neighbours.

Learned advocate appearing for the State draws the attention of the Court to the injury reports of the four victim and to the statements of the injured recorded under Section 161 of the Criminal Procedure Code. In one of the statements of the injured the role of the petitioner herein is said to be one of instigator. None of the statements recorded under Section 161 ascribes any role to the petitioner other than the role noted above, with regard to the assault on the injured.

Considering the fact that the petitioner herein stands on a different footing than the other person named in the

statements of the injured and considering the gender of the petitioner and the fact that she is a student, we deem it appropriate to enlarge the petitioner on anticipatory bail. 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the petitioner will co-operate with the Investigation and on condition that the petitioner shall appear every day 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. Accordingly, the prayer for anticipatory bail of the petitioner is allowed.

C.R.M. (A) 1410 of 2022 is, thus, disposed of. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)