Sushila Ghosh @ Sushil Ghosh And ANR v. State Of West Bengal

28.03.2022 Serial no. 44 [Dd] (Anticipatory Bail Allowed) CRM(A) 1421 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Ratua Police Station Case No. 354 of 2019 dated 20.07.2019 under Sections 370/370(A)(2)/34 of the Indian Penal Code (G.R. NO. 1737/2019) -AndIn the matter of : Sushila Ghosh @ Sushil Ghosh & Anr. ... ... Petitioners Mr. Kaustav Bagchi, Mr. Arup Sarkar, Mr. Debayan Ghosh, Ms. Priti Kar, Advocates ... ... For the Petitioners Mr. Ranabir Ray Chowdhury, Mr. Mainak Gupta, Advocates ... ...For the State Petitioners seek anticipatory bail.

Learned advocate appearing for the petitioners submits that the principal accused was enlarged on bail by the jurisdictional Court. The petitioners are the wife and the daughter of the principal accused.

Learned advocate appearing for the State draws the attention of the Court to the statement of the victim recorded under Section 164 of the Criminal Procedure Code. In answer to a query of the Court, he submits that the police filed charge sheet.

In her statement recorded under Section 164 of the Criminal Procedure Code, the victim does not name the petitioners.

Considering the gravity of the offence and considering the involvement of the petitioners therein as transpiring from

the statement of the victim recorded under Section 164 of the Criminal Procedure Code and considering the fact that police filed charge sheet, we are inclined to 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/- (Rupees Ten Thousand Only) each, 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 petitioners 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 petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court.

Prayer for anticipatory bail of the petitioners is allowed.

CRM(A) 1421 of 2022 is disposed of.

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